What is a Trademark?
A trademark is a unique visual symbol, logo, word, slogan, or combination of colors that uniquely distinguishes your services and products from your competitors. Trademark registration in India is governed by the Controller General of Patents, Designs, and Trade Marks (IP India). Securing a trademark stops other companies from capitalizing on your goodwill and copying your brand assets.
TM vs ® Symbol
- TM (Trademark) Symbol: Once your application (Form TM-A) is successfully filed online, you can legally append the superscript TM to your brand name or logo. This declares your claim to the mark while the government examines your application.
- ® (Registered) Symbol: Once your trademark is approved, published in the Trademark Journal without oppositions, and registered, you receive a Trademark Registration Certificate. You can then replace the TM symbol with the prestigious ® symbol.
Choosing the Correct Trademark Class
IP India divides business activities into 45 distinct classes under the Nice Classification System. Classes 1 to 34 represent physical goods, while classes 35 to 45 cover services. For instance:
- Class 35: Advertising, retail setups, business consulting, and manpower outsourcing.
- Class 45: Legal services, personal security, and physical watchman services.
- Class 37: Building construction and localized cleaning/housekeeping works.
Filing under the incorrect class leaves your brand unprotected. Filengro's legal experts help you select the exact classes matching your active and planned operations.
Documents Required for Trademark Application
We need simple records to compile your IP India docket:
- Logo or Brand Name to be trademarked
- PAN Card and Aadhaar Card of the applicant
- Incorporate Proof (GST Certificate, MSME Registration, or COI)
- User Affidavit (If the mark has been used in India prior to the filing date)
- Power of Attorney (Authorizing our legal counsel to represent you)
Our Trademark Prosecution Steps
- Trademark Search: We scan the IP India online directory for identical phonetics or confusingly similar visual marks to ensure safety.
- Class Choice: We choose the relevant classes to optimize protection and avoid conflicts.
- Form TM-A Submission: We draft and file the formal application electronically. (TM mark goes live here).
- Objection Monitoring: If the trademark examiner issues a report raising concerns (e.g. under Section 9 or 11), we draft a legal response.
- Journal Publication: The mark is advertised in the national journal for 4 months to allow public reviews.
- Certificate of Registration: If no oppositions arise, the certificate is issued. The registered status is valid for 10 years and can be renewed indefinitely.
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