Almost all the businesses or individuals engaged in any business files for Trademark registration in India on regular basis, this has become a regular need and inseparable requirement, so many people wants to know about basic details about the Trademark filing in India. This article will explain comprehensively who can file for Trademark in India and how to file a Trademark in India.
Basically anyone can file for Trademark in India, be it individual, private limited company, Proprietors, LLP , NGO or startup. These can be foreigners or Indian Residents. There is no requirement that mandates that only Indian national can file for Trademarks in India, a non-indian or foreign national or foreign companies may also file for Trademark registration in India.
Further, the Trademark registration requirements are same for both National and International applicant(s).
All, the applicants looking forward to register a Trademark in India, must apply for Trademark registration in Form TM-A, this is the new Trademark form that is updated after the amended Trademark rules 2017.
All the particulars that are required for this application TM-A are same for both national and international applicants.
Trademark application form TM-A requires basic information such as Name of the applicant, address of applicant, mark details and goods description for which the Trademark will be used.
A trademark application in India can be filed in for any mark that an applicant is using already in market or an applicant that he thinks may use in future. TM-A form has option for both such mark.
Trademark application may be filed for any mark, that can be a logo, name, slogan, color or shape of goods.
Trademark application form TM-A has fees to be paid in advance to Trademark registry in advance by every applicant depending upon their applicant type.
Trademark application fees for individual or proprietorship firm is Rs 4500.
Trademark fees for Small companies and start-up is also Rs 4500
But Trademark fees for big corporations is Rs 9000.
All foreign applicant companies are always treated as big companies and their fees is Rs 9000 fixed for Trademark filing in India.
Trademark application in India also do not require the applicant to have a mandatory business registration , it can be filed by individual also.
Trademark application may take anywhere between 6 months to 2 years for complete registration in India. A registered trademark plays a vital role in protection of any business and also its sales in India, nowadays every e-commerce website be it flipkart, amazon, payTM etc. requires Trademark