Trademark Registration

- Trademark Search : A thorough search of the TM directory
- Authorisation Letter Drafting : So we can file it on your behalf
- Discussion on Class : Advice on the classes you need to apply under
- Final Application : Filing the forms with the Registrar
- Regular Updates : You will receive updates until registration

Start Your Registration Now

FAQs on Trademark Registration

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.

If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can’t register the word ‘car’ for a car brand, but may do so for a brand of electronics.

As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.

Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name. If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.

If your brand name has already been registered, but under a different class, you’re still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.

You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.

Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.

Any expression of your brand that distinguishes it from all other brands can be trademarked. This, therefore, includes your brand name, logo or slogan. New brands need only bother themselves with these three types, though more successful brands, that have much more to protect, trademark much else. Levis, for example, has trademarked the position of its red label on all its jeans. Cadbury’s fought hard to maintain exclusive rights to use the colour purple on packaging for chocolate, but ultimately lost the dispute with Nestle. Young start-ups, however, tend only to trademark a word or logo or else register a logo composite mark (when text is included within the logo).

Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance.
A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.

Corporate Presentation

Business-Meeting-Plan

Types of Intellectual Property

TrademarkCopyrightPatentProvisional
Patent
Applies To
Words, logos, slogansPhotographs, movies, music, software codeInventions & ideasInventions & ideas
Applicants
Business ownersArtists & creative professionalsInventors & designersInventors & designers
Ownership Without Registration
Yes, but rights are limitedYes, but rights are limitedNoNo
Validity
Indefinite, but to be renewed every 10 yearsLifetime of the author, plus 60 years20 years1 years
Know More » Know More » Know More »

OUR CLIENT SAYS

I am very happy with all your and Your Team effort, Only it was some delay to complete the incorporation of LLP, and you guys informed me regarding that. I do not have any complain and I am happy you guys handle all the issues very professionally.I will be giving one more LLP request in March, that says I am happy 🙂

Nirav Shah

CPis designed to simplify business registration. The portal allows entrepreneurs to make a hassle free registration, a proper guidance and easy access, no matter where they are.

Mitul Dave
Founder Elixale Detox LLP

I am impressed by clarity, transparency and speed. Amused to receive Certificate Of Incorporation from Ministry of Corporate Affairs within 30 hours of submission of documents. Appreciate the professional approach. Thanks and all the best.

Sundeep Amrutkar
Director / Dzino Real Estate and Management Services Private Limited

CP is one stop solution for all the registrations, we used their services for Private Limited and LLP. It is very simple and effortless. I am very impressed with their qualified staff. Superb services! I will recommend to all – effortless, hassle free and absolutely affordable services for CP.

Mr. Saumil Parikh

CP has outstanding services and support. In my 15 years business life, I have not seen such a professional approach. Keep going and god bless you and your team.

We are taking CP services for last 2 years, we had an awesome experience with the team. Smooth workflow, everything was completed on time with details & perfection. Thank you so much.

Mr. Sachin Jain

I to use CP services on numerous occasions. Each and every time the service have been of the highest level. The team is extremely proactive in terms of time limits and responses.

I have received the company incorporation documents and extremely pleased to see the way documents are arranged. The service CP provided exceeded all the expectations. It’s been a great experience to work with BMC to get this done. I would definitely give five stars to CP’s process and the way they have dealt with the customer. I would promise to recommend my friends if something they would need that BMC serve. Thumbs up for the services and I would like to say WOW!!!! Thanks!

Jay Shah

It was really a great experience to work with CP team for registration of my one person company (OPC). All process was completed very smoothly, within time without any last minute rush. I really appreciate all the efforts CP team have made for making it happen within the time frame. I wish BMC to grow more in this business they deserve to be number one in registration process.

Sachin Parab
Founder / Focus Design Studio (OPC) Private Limited