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Trademark

Trademark Registration Services

A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under the Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.

Registering a trademark provides legal protection against misuse of any kind including infringement or copy of a company's name or logo, which is often a company's most valuable asset.

Before beginning the trademark registration process, it is essential to check if an identical or similar mark is registered by any other person to avoid any litigation. Using our combined knowledge, we offer advice on what IPR you need to safeguard. We guide you to achieve maximum protection, moreover, we take a commercial perspective to make sure your Intellectual Property drives business to success.

Why TmGuru
  • We are focused on providing specialized IPR legal advice and unmatched expertise.
  • When in large firms where clients work gets passed around between different people, your work is always taken care of by Neeraj Sharma and his close knit team.
  • We conduct a thorough search of the TM directory
  • We offer you with advice on the classes you need to apply under.
  • We assist you in filling up the forms with the Registrar
  • We constantly provide you with updates until the registration process is complete.
  • Detailed Process
  • Documents Required
  • Registration Process
  • FAQ
Trademark Search

Trademark search is the first step to make sure TM application gets registration and the effort, time and money invested into brand is not wasted.

There are many reasons why a trademark may be rejected, for example if the chosen mark already on register or there are similar marks on record, the application may be rejected. It is important to avoid adoption of descriptive/ generic trade mark. This will result in initial fees loss and you need to incur expenses again to resubmit new application.

However, hiring our professional team during from the very beginning at the time of adoption of trademark, we’ll make sure the trademark chose is capable of being registered and is unique. Remember a Google Search is not never accurate nor sufficient.


Search Strategy Risk

An imperfect search, a plain search for name directly, or no search, could result into action by a third party. For example, if you try file a trade mark that is deceptively similar to an existing mark that too for same / similar goods or services, chances of trade mark opposition are really high. At worse Applicant may face action for trade mark infringement which means one has to change mark and a lot of money is wasted.

That's why it's essential to make sure thorough searches are done before submitting your trade mark application.


Searches reduce the risk of problems later

Our team leaves performs well when it comes to the viability of the trade mark. We do comprehensive searches of the CGPTM Trade Mark Registers

After completing search, we’ll provide search report with clear mention whether you can file the new trademark, potential risk and if the mark is not registrable. The last decision will be of applicant / client to inform us if they want to go ahead with the filing of trademark.


Class Selection

While applying for registration, you need to apply it under the right classification of classes. We help you choose the right class under which you need to register. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy. In total, there are 45 Classes of goods and Services and each class have goods / services defined. Each logo or brand name has to be first searched after designating classes. For example, the Class 25 includes goods such as Clothing, headgear and footwear. Hence, if you are planning to launch a new Clothing brand, you will have to apply under the Class 25. It is very important to conduct pre-filing searches though professionals and has to be done in the right way in order to avoid future legal action against you and the risk of having to rebrand.


Preparing The Application

After we ensure that your brand name or logo is unique / distinctive and can be registered, we proceed with the drafting and filing of application by preparing the authorization letter first i.e., Form TM 48. This Form authorizes us to filing of trademark application and prosecution on your behalf. You just need to sign the Form and send us the scanned copy. Post filing of trademark, all the documents are provided and follow-ups are made on monthly basis. The status of trademark are provided on We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.

An authorization letter i.e., Form TM 48 duly signed by applicant is required in order to file trademark application on behalf of applicant. After receiving the authorization letter, we start with the preparation of your documents, file the application online and also pay for it. Soon, you receive the confirmation of the application, and you will get the right to use the ™ symbol.


While filing for the trademark registration, the documents you need to provide are as follows:


  • Applicant's name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address
Identity And Business Proofs

The trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be your Aadhar card, driving license, passport, ration card or voter's id.


Using Logo With Tagline

If a trademark application is made for a tagline with only words there is no need of a logo. In cases where a logo is used, then it should be submitted in black and white format. The number of words in the logo should exactly be the same as mentioned in the application for a trademark.


Form 48

On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.

Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.


the Vienna Codification Process

In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form. At this point, your application for registration will be denoted as - “Sent for Vienna codification.”


The Examination Of Trademark

After the trademark application is given for Vienna classification, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.


Hearing Before Trademark Register/officer

If the trademark application is rejected, the applicant can go for a for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, once again the application gets rejected. If he is not fully convinced about the reason for rejection, then theIntellectual Property Appellate Board can be contacted.

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark 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.

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.