A trade mark is any mark that distinguishes one person's services or goods from that of other persons. Trademark filing in India takes place under the Trade Marks Act, 1999.
PocketLawyer is India's leading platform for Patent, Trademark and Copyright Registration services. We make the process of Trademark Filing easy and hassle-free for you. In addition to Trademark Filing, PocketLawyer can also help you with Trademark Registration, Copyright Registration, Design Registration, Patent Registration and more.
Features of a Trademark
- Must be capable of graphical representation.
- May be the shape or packaging of goods.
- Can also take the form of a particular colour combination.
Trademarks which cannot be Registered
Before deciding a trademark for your business and registering it, first it is important to know which marks cannot be registered as trademarks.
- Confusing marks
- Deceptive marks.
- Non-distinctive marks.
- Marks which contain scandalous or obscene matter.
- Hurtful marks which may affect religious sentiments.
- Marks which are prohibited for use under the Names and Emblems Act such as the Red Cross or the Indian flag.
- Any marks that only describes the shape of goods and nothing else.
Tips for Selecting a Good Trademark
If you want to increase the chances of your trademark registration, always follow the below tips.
- Avoid using words such as premium, best, deluxe, good etc.
- Do not use words that are similar to existing trademarks or can be confused with them.
- Try not to use words which describe the goods or their properties such as chocolatey for a chocolate bar.
- If your business is new, try to avoid words like surnames or personal names such as Rohan, Sharma, John etc. This is because such marks will be registered only if they are being used for a long time and have become distinctive because of this reason and/or advertisement.
- Use a specially coined or arbitrary word to increase its chances of registration.
- Go the IpIndia website to check if the trademark you want to use already exists or not.
Examples of Trademarks
Some examples of trademarks are:
- Names of products such as Coca-cola, KFC, or
- A colour such as Yellow of Yellow Pages.
- Smell such as Strawberry scent for shoes or tires.
- Name of an event such as All India Medical Conference.
- Logos such as the logo of Pepsi or Nestle.
Documents for Trademark Filing
For a smooth registration process, you need to provide the following documents and details.
- Name, address and nationality of the applicant.
- If the applicant is a partnership firm, then names of all partners.
- Name and description of goods as well as services for which you want to register your trademark.
- A high resolution soft copy of the trademark.
- Place of incorporation (if the applicant is a company).
- Power of Attorney.
- Date of use of Trademark in India (if already in use).
- A translation of non-English words in the Trademark (if any).
Fee for Trademark Filing
The government fee is Rs. 4000 per class and the professional fee starts from Rs. 1400. At present there are 45 classes of trademark and your mark may fall in more than one class.
Timeline for Trademark Filing
We will file your application within 2-3 business days, once we receive all relevant details from your end. You can start using the mark ™ as soon as we file your application.
Why choose PocketLawyer for Trademark Filing?
- Experienced and qualified professionals with 12 years of average experience.
- Access to highly qualified professionals anytime, anywhere in India.
- Fixed price. No hidden fees or long-term commitment.
- 100% satisfaction guaranteed. Our money back guarantee makes sure that you get complete satisfaction, every time you choose our services.
What is more?
- Our dedicated support team is always there to help you with any query or issue that you may have.
- Choosing PocketLawyer means the best service, at the best price.