Lowest Cost India Trademark Registration Guarantee
Trademark Registration India services provided by TMPsearchers are guaranteed to match the best in the industry and guaranteed to be lowest cost Trademark Registration services in India. We guarantee the that we provide the best quality of the work and employ highly trained and Experienced Attorneys, Paralegals and consultants to handle your Application for Trademark Registration. We are retained by more than 1000 clients in 20 countries of the world and we have obtained hundreds of Trademark Registration certificates for our clients.
To protect your trade name or brand name or Logo you have to file an application for trade mark registration. You can start using the TM mark in the top right hand corner of your trade mark as soon as the application for Trademark Registration is filed.
However, the R within a circle mark ® can be used only after the trademark is registered.
Before filing an application for trademark registration, a search of the existing trademarks should be done to identify any similar trademark already filed. If there are similar trademarks already filed, the Trade Mark registry will not approve your application. Hence it is important to search all the existing trademarks filed with and available in the trademark database of the Trade Marks Registry. Once a positive Trade Mark search report is obtained, you may apply for your trademark registration.
TRADEMARK REGISTRATION PROCESS
REQUIREMENTS FOR FILING APPLICATION FOR TRADEMARK REGISTRATION:
- Power of Attorney (We will prepare and send it to you for your signatures)
- Trademark (LOGO OR WORD) (as intended to be used) to be registered.
- Name, age, Father's name, address, nationality, contact numbers of the applicant.
- Name, age, Father's name, address, nationality, contact numbers of the authorized signatory (in case of a corporate).
- If the applicant is a partnership firm, Name, address, nationality, contact numbers of all the partners must be given.
- Description of good or services and whether the mark is already in use or proposed to be used.
II. If the Office Issues a Negative Examination Report we have to file a Response to Examination Report, possibly an Amendment to the application and a supporting affidavit by the applicant and we also have to attend a Hearing before the Office.
If No Amendment Application is needed the fee for the Trade Mark Registration Process under step II
If Amendment Application has to be filed during Trademark Registration Process, a separate Fee for the process under Step II
Our charges are for the trademark application and process for trademark registration does not include any third party opposition to your trademark application. Please note that our fee is for one trade mark in one Trademark classification only. We have to file separate Trademark application for goods and services falling in different Trademark classification.
The initial fee is payable to us in advance. The fee under Step II would be charged if there is a need when the examination report is received from the office ( 4 to 8 Months). Then the fee under Step II would have to be paid.
Trademark Registration Procedure - Trademark Registration Process and Expected Schedule
Our Fees cover actions listed below until the trademark application is advertised.
- We will receive within the next 3 days your trademark application number allotted to your trademark application. We will scan it and send it to you along with the link where you can see the status of the progress in your case. Your trademark application is likely to be updated to the database within one month and then you can follow online the progress in your case.
- Expect three to six months to pass before the office takes up your application for trademark registration for an initial review and then they will send an Examination Report for Trademark Registration within the first six to nine months of filing. This is routinely done and objections are routinely raised routinely.
- We will file a response to office action and ask for a personal oral hearing before the Registrar of Trademarks within one month of the office action on your application for Trademark Registration.
- Expect another nine months to fifteen months to pass before the oral hearing opportunity is scheduled by the Trademark office. When we present our arguments the Registrar of Trade Marks will direct the application for Trademark Registration to be amended or require some other proof provided before he directs the application for Trademark Registration to be advertised in the Trade Marks Office Journal for public notice and possible Trademark opposition.
- The trademark application is likely to be advertised in Months 21+. A period of 4 months is available to third parties to oppose your application for Trademark Registration.
- If No Trademark opposition is filed the trademark application will be automatically granted and the certificate of Trademark Registration will be sent to us in Months 30 to 36 by the office.
- If trademark opposition is filed the application for trademark registration is converted in to a Trademark opposition case and it is treated as a contested case and separate procedures and separate charges apply. Fee is charged for the Trademark Oppositions are significant since about 100 Attorney hours are needed to handle an Trademark opposition.
So until the end of 24 months from now you are not going to have any trademark opposition from any one.
The moment an application for trademark registration is filed you can put TM on the top right hand corner of your mark and market your goods. TM in India signifies that you have applied for the trademark registration and the same is under consideration of the Trademarks Office.
Trademark Registration Status – You can learn the status of your Trademark Application filed in India for Trademark Registration by viewing the Trademark Registration Status page of the IPIndia website at this page: View you Application for Trademark Registration Status Details
India Trademark Registration
Trademark Registration in India Services are provided at very low cost by TMPsearchers. We offer very comprehensive Trademark Registration in India Services. We cover all the needs of our clients beginning from Trademark Registration Search, Filing of Application for Trademark Registration, Trademark oppositions and Appeals. We also provide Trademark Enforcement services. We provide Comprehensive India Trademark Search facility where we conduct a search in the India Trademark Registry covering India Trademark Database that includes all Registered Trademarks already issued with certificates of Trademark Registration and Pending Applications for Trademark Registration whether they are published in the official journal or unpublished. This low cost paid comprehensive India Trademark Search is conducted in the database of trademarks and service marks that are registered and advertised before acceptance in the Trade mark Journal published by the Trade Mark Registry. Please see our India Trade Mark classification page to know to which class your goods or services may belong to. We provide India Trademark Registration services and we have experienced India Trademark Attorneys in our panel of consultants. Please see the requirements, time taken, cost and other details below. Our Low-Cost India Trademark Watch service enables you to utilize our service wherein we watch for any mark conflicting with your trademarks advertised in the India Trademark Journal of India and notify you in time so you can file Trademark Opposition to such marks. We also notify you for your Trade Mark Renewal. In addition we also conduct Trade Mark Enforcement actions and assist to prevent Trade Mark Infringement of your trademarks in India.
REQUIREMENTS FOR FILING A TRADEMARK APPLICATION
1. A positive Trademark Search report that confirms that the mark can be filed and Trademark Registration obtained.
2. Power of Attorney
3. Logo of the client in jpg format.
Before filing an application for Trademark Registration you must know the following. Take an informed decision on India Trademark Registration.
How can I select a Trademark that will get a Positive Search Report? What is a Positive Trademark Registration Search and how is it arrived at.
Before answering this question please understand the Legal Position on the Subject. In addition to these basic principles of Law there are a very large number of cases which provide additional insight in to the requirements for a positive search and you can understand why doing a thorough search is needed before finalizing your mark.
The following are the important topics you must know before you file an application for Trademark Registration
How to Select a Trademark – How to avoid Trademark Conflicts
Please learn the statutory information on Trademark Registration Requirements by studying the Sections of the Trade Marks Act 1999 listed below
Definition of Trademark:
Section 2(zb) of the Trademarks Act 1999 defines a Trademark As Follows:
(zb) "trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colours , and
in relation to Chapter XII (other than section 107), a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark, and
in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
When a Trademark is Examined by the Trademark Examiner the following sections of the Trademark Act are considered.
Section 9: Absolute grounds for refusal of registration.-
(1) The trade marks-
(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade,
shall not be registered :
Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.
(2) A mark shall not be registered as a trade mark if-
(a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter;
(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).
(3) A mark shall not be registered as a trade mark if it consists exclusively of-
(a) the shape of goods which results from the nature of the goods themselves; or
(b) the shape of goods which is necessary to obtain a technical result; or
(c) the shape which gives substantial value to the goods.
For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.
Section 11: Relative grounds for refusal of registration.-
(1) Save as provided in section 12, a trade mark shall not be registered if, because of-
(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or
(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,
there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
(2) A trade mark which-
(a) is identical with or similar to an earlier trade mark; and
(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor,
shall not be registered, if or to the extent, the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.
(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented-
(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or
(b) by virtue of law of copyright.
(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.
Explanation.-For the purposes of this section, earlier trade mark means-
(a) a registered trade mark or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks;
(b) a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the application, was entitled to protection as a well-known trade mark.
(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.
(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including-
(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;
(ii) the duration, extent and geographical area of any use of that trade mark;
(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;
(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark;
(v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.
(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account-
(i) the number of actual or potential consumers of the goods or services;
(ii) the number of persons involved in the channels of distribution of the goods or services;
(iii) the business circles dealing with the goods or services,
to which that trade mark applies.
(8) Where a trade mark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.
(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:-
(i) that the trade mark has been used in India;
(ii) that the trade mark has been registered;
(iii) that the application for registration of the trade mark has been filed in India;
(iv) that the trade mark-
(a) is well known in; or
(b) has been registered in; or
(c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or
(v) that the trade mark is well-known to the public at large in India.
(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall-
(i) protect a well-known trade mark against the identical or similar trade marks;
(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.
(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.
Section 12 : Registration in the case of Honest Concurrent Use, etc.-
In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the Registrar may think fit to impose.
Section 18: Application for Registration
(1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.
(2) A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
(3) Every application under sub-section (1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate:
Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situate.
(4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.
(5) In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.
In addition to these sections used by the Tradmark Registry you must also be careful about committing a Trademark Infringement by using a mark in commerce. Section 29 of the Trademarks Act 1999 deals with Infringement of Trademarks and you must pay special attention to Section 29(4) which is extracted below for ready reference
29. Infringement of registered trade marks.-
(4) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which-
(a) is identical with or similar to the registered trade mark; and
(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and
(c) the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark.
(5) A registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the trade mark is registered.
If you see the import of the Section 29(4) and (5)
Trademark should not be a misspelled version of the existing Trademark of any goods or services.
Trade Name of a company should not be identical with or similar to a Registered Trademark for the same type of goods or If the Registered Trademark is a Well Known Trademark for any type of goods or services.
You can understand the amount of training and knowledge needed to do a professional Trademark Search. It is not just a question of looking at a free database to see if identical words are present for identical goods or otherwise but requires a significant expertise in this specific branch of Law.
It would be very difficult for anyone who is not aware of the case law on the subject matter of Trademark Registration to do Trademark Search. Each Trademark Search takes about 40 minutes to 1 hour for us. Remember having a positive Trademark Search Report enables you to take decide in a comfortable and confident way whether your application for Trademark Registration is likely to succeed or be objected to by the office or be opposed by others. While there cannot be a guarantee that the Trademark Examiner would not object on one ground or another or a competitor would not file a Trademark Opposition against your application for Trademark Registration, it would certainly enable you to predict whether in such event of contest, you are likely to win or not. This can also enable you to avoid or defend successfully any Trademark Infringement suit.
International Trademark Registration Services:
TMPsearchers provide International Trademark registration services for its clients in US, Canada, Singapore, Australia, Uk, European Community, China, Mauritius, South Africa, Malaysia, Brazil, Russia and Japan and other countries. We have associate law firms in about 60 countries of the world and we can ensure that your get international trademark Registration in many countries of the world. For specific needs please contact us.
India Patent Registrations In India the Patent Registration is done under the Indian patent act 1970. The registration can be done with the help of a patent attorney,authorized by the Indian patent office. We have a vast experience in registering Patents in India and the U.S.A. Our clients range from individual inventors to multinational companies. Registering a Patent is a specialized activity that demands a lot of domain expertise. It involves conducting a search for prior art in various patent and scientific databases. The claim writing and specification writing is the heart of the patent document and the claims have to be drafted as per the prevalent rules to get adequate protection for the invention. We advise our clients on all aspects relating to patent registration,patent infringement,patentability,patent mapping,patent landscaping,patent alerts and patent invalidation. We offer Patent Registration Services worldwide and our services are available at affordable prices.
Patent Search Services
We offer worldwide prior art search covering patent and technical journal databases in multiple disciplines including
Chemical and Life sciences:
Biotechnology,Pharmaceuticals,Chemistry,Genetics,Microbiology and other life sciences.
Engineering disciplines including Mechanical,Electrical,Electronics,Semiconductors,Material Sciences,Metallurgy etc.,
We provide Patentability, Novelty , Freedom To Use, State Of The Art, Validity And Patent Portfolio Assessment of competitors and comprehensive IP audit. We use multiple databases to provide a comprehensive search report that includes chemical structure search and analysis and gene sequence searches.
Patent Pending status is obtained by filing a provisional patent application which also gets you the priority date for the invention. In a provisional patent application claims and oath or declaration need not be mentioned. The provisional application needs the preferred title of the invention,substantial disclosure of the invention by way of a written description and at least one drawing along with the names of the Inventors and applicant. Alternately a non-provisional application may also be filed to obtain the status of Patent Pending.
A complete specification contained in a non – provisional application has to be filed within 12 months of filing of the provisional application. For details about the complete specification please see the Requirements for a Complete Specification in India or the Non Provisional Application Requirements in USPTO
Obtain Patent Pending
– Provisional Patent Application
– 72 Hours Delivery
Order Patent Drafting
Order India Patent Registration
Order India PCT National Phase Application
Order Copy of India Patent Specification
Order Patent Drawings
Order PCT Patent Application Drafting
Our Patent Drawings have been accepted by both USPTO and PCT International Search Authorities in earlier applications.
We ensure that the drawings which also form an important part of the patent applications are upto the international standards and meet the requirements of the rules set forth by the USPTO or WIPO while filing the applications. Please see India Drawing Requirements,PCT Drawing Requirements and USPTO Drawing Requirements. We also provide Outsourced drawing services at Low cost.
Drafting a Non-provisional Application or Complete Specification
A non-provisional application requires a detailed description of the invention,claims,an oath or declaration,any drawings to better explain the invention together with the associated forms including Invention Disclosure Statements with supporting documents and the filing fee. The requirements for a provisional and non-provisional application vary depending upon the nation in which they are being filed. Once the application containing the complete specification has been filed it is published after 18 months from the filing date. We assist our clients in filing both provisional and non-provisional applications for the patents. We prepare claims in patent applications to comply with patent claim drafting requirements of PCT,USPTO,India,EPO and other countries. Our claim drafting is specifically meant to comply with the requirements of 35 USC 102,35 USC 103 and 35 USC 112.
PCT Patent Application
By filing for a >PCT Patent Application,also known as International Patent Application the inventor can claim the same filing date as in the country of first filing and protect his invention in all countries which have acceded to the PCt.
The filing of a PCT Patent Application simplifies the process of patent filing in multiple countries. PCT involves two phases,the International Phase and the entry to National Phase in the designated countries. Please see PCT Patent Filing India for more details.
Patent Registration Services
We provide assistance to our clients in preparing and filing patent applications in USPTO,India,Canada,UK,Singapore,Australia,Japan and other countries through our worldwide association. We prepare and assist to file applications for our clients either as PCT patent applications (National Phase) or as Convention applications or as a complete specification contained in a Non Provisional Patent Application. We also provides copies of India patent Specifications for granted patents for a nominal fee.
We provide patent prosecution support services including preparing responses to election/restriction requirements,preparing and filing divisional applications at USPTO,India,Canada,UK,Singapore,Australia,Japan and other countries,preparing and filing Continuation Applications or Continuation in Part applications and their corresponding PCT international phase and PCT national phase applications. We also prepare responses to Non-Final rejections and closely follow case law in US and India. We also provide Litigation Support services including Case Law Research and preparing Law Memos.
TMPSearchers retains licensed India Patent Agents and Attorneys and provides assistance in India specific Patent Services.
India Offers two types of Oppositions called Pre Grant and Post Grant Oppositions. In addition,a revocation Petition can also be filed to cancel a Patent already granted. Please see India Patent Opposition for more details.
TMPSearchers is the Only Website that offers Automated Free Patent Alerts for the patents filed by your competitors or in your technical discipline and published in the Patent Office Journal. Register with us to avail this free service. Registration is Free. Register Now
The procedure for filing a Pct National Phase Application together with the fees and forms required are stated in a detailed way in India Patent Act and India Patent Rules. Since India acceded to the PCT in 1998 the extent of Patent Information made available online haS increased dramatically.
India Design Registration
We assist our clients to obtain both design patents and utility patents. In India Design Patents are covered under the Designs Act.
India Copyright Registrations
The Copyright office India is situated at New Delhi. By copyright registration your original literary, dramatic, musical and artistic works, cinematograph films,and sound recordings could be protected from unauthorized translation or reproduction.
The copyright office is constituted under the authority of copyright act of India. By way of copyright Registration your original literary,dramatic,musical and artistic works, cinematograph films,and sound recordings were protected from unauthorized translation or reproduction. Copyright office has a register in which the copyright is entered the names or titles of works and the names and addresses of authors,publishers and owners of copyright.
At the copyright registration office indexes of register and the copyright register is kept for public at all reasonable times be open to inspection,and any person shall be entitled to take copies of,or make extracts from,such register or indexes on payment of such fee and subject to such conditions as may be prescribed under the copyright act. The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein,or extracts there from certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.
The author or publisher or the owner of or other person interested in the copyright,any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights. On receipt of application in respect of any work under from the owner or the author of the original literary,dramatic,musical and artistic works,cinematograph films,and sound recordings,the Registrar of Copyrights may,after holding such inquiry as he may deem fit,enter the particulars of the work in the Register of Copyrights.
Domain Dispute Resolution
A domain Dispute resolution complaint can be filed when any one tries to obtain a domain name which is identical to your domain name or where the domain name is identical to your Trademark. A complaint can be filed under the following circumstances where all three tests are met.
The complaint must allege three elements:
(1) that the domain name is identical or confusingly similar to the complainant’s trademark;
(2) that the registrant lacks rights or legitimate interests in the domain name; and
(3) that the domain name has been registered and is being used in bad faith.
For a complaint to succeed all three elements must be present
Only when all the above conditions are met,a domain dispute can be successfully filed.