When you enter a McDonald’s outlet, you enter with a sense of trust and confidence about food and service quality. Be it New Delhi or Sydney, Mumbai or London: You expect the same quality and professionalism.
It’s because of the trademark “McDonald’s,” which gives this confidence, and trust.
The trademark “McDonald’s” acts as a shortcut of information about the brand and its practices via a symbol and name.
You cannot use this symbol and name anywhere because that will be stealing that trademark and the trust.
In this article, we will inform you what trademark registration is, and what trademarks protect in the first place.
We will also share the entire trademark registration process and trademark registration fees in India.
So, let’s dive into the exciting world of trademarks and find out how businesses can gain immensely with trademarks.
What Is a Trademark?
Trademark is an intellectual property consisting of names, symbols, designs, and expressions of a business, which identifies its services and products.
Trademarks can be seen on the product (packet, label, or voucher), or it can be the product itself. Generally, companies display their trademarks on their buildings for corporate identity.
Examples of some of the most famous trademarks include Google, Facebook, Microsoft, Airbnb, Apple, and every major consumer brand globally.
Trademarks Protection In India: The Legal Backing
The Trademark Act, 1999 protects Trademark rights in India.
And the administration of protection of trademarks under the Act is done by the Controller General of Patents, Designs, and Trademarks.
As per the Trademark Act, 1999, “trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.”
What Do Trademarks Protect?
Trademarks protect the right of any business to use their intellectual properties as per their convenience. Trademarks protect a business from others who wish to use the same trademark for their own purpose.
Hence, the trademark will protect the intellectual properties of McDonald’s, Google, Microsoft, Apple, Uber, and stop others from using their names or symbols associated with their brand and business.
Trademarks provide a legal shield to companies, entities or individuals to protect their intellectual properties, and in case anyone uses them, they are free to pursue legal case and demand compensation.
In short, trademarks protect businesses from stealing their intellectual properties.
Trademark Registration Process
Under Section 18 of the Trademark Act, 1999, any individual, entity, or business can register a trademark
Step 1: Choose The Trademark
The first step is choosing a symbol, a logo, design, or expression as a trademark for your business or entity.
Of course, it should be unique and not used anywhere else. On the Controller General of Patents, Designs and Trademarks’ official website, you can search whether your trademark is distinctive or not.
Step 2: Choose The Class
There are 45 classes of goods and services under which any business or entity is classified, as per the Act. You need to select the appropriate class for your business. While classes 1-34 are for goods, 35-45 are reserved for services.
You can find the entire list of classes here.
Step 3: Trademark Registration Cost
Once the appropriate class of your business or entity has been finalized and the trademark name, symbols, etc, chosen, the final step is to pay the trademark registration fee.
Trademark Registration Fees For Different Businesses
There are various documents required for trademark registration, which we will share in the end. But before, let’s find out the trademark registration fee.
Based on the class of business chosen, there are two types of trademark registration fees applicable to your business:
- Form TM-1: If you have selected only 1 class of business, then Rs 3500 fees is applicable, and the form needed for this can be downloaded from here (official website)
- Form TM-A: If you have chosen multiple classes of business, also called series trademark or collective trademark, then you need to fill form TM-A, which has two sub-categories. You can download the form from here (official website).
The two sub-categories under form TM-A are:
- Rs 9000 or Rs 10,000: If you are not a start-up or a small business or MSME or an individual, then you fall in this category. Rs 9000 fees is for e-filing, and Rs 10,000 for filing the form in person.
- Rs 4500 or Rs 5000: If you are a start-up or a small business or MSME or an individual, you fall under this category. Rs 4500 fees is applicable for e-filing and Rs 5000 for filing in-person.
Some Other Rules Include:
- You need to submit a picture of the trademark in 9 by 5 cms.
- You need to attach five duplicates of the same.
- Any mistake or error in the filings may delay the process, and you will need to repeat the whole process.
- Confirmation may take upto 15 days from the day of filing.
Documents Required For Trademark Registration
- Business Registration Proof: You will need to furnish details and evidence about the business registration, such as a partnership or sole proprietorship. This can also include details about the Board members, Chairman.
- Address Proof: If the trademark registration is being done for a business or entity, the address proof is also required.
- PAN Card, Aadhaar Card
- Softcopy of the trademark
- Proof of claim of the proposed trademark, and whether that can be used outside India or not.
The question: What do trademarks protect is much more deep and intense, than we expect. It embodies your dreams, vision, and your future.
If you need more help and assistance in finding out about trademark registration, trademark registration cost, and wish to know what is a global trademark, then we at MSMEx can help you right away.
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