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2. How to Register a Trademark in India
 Presented generously is the comprehensive gamut of precious information about
the trademarks and the trademark registrations in all across India, in ours this
diligently prepared web article. Our full-service and full-fledged law firm is an
immensely popular and one of the leading IPR law firms of India, with service
coverage worldwide. Both the national or domestic and international and
worldwide categories of trademark registrations proposed by companies
belonging to all economic sectors concerned, have been well-supported by ours
expert trademark lawyers of international stature and repute.
 As is well-known, the trademark registration is absolutely essential for giving
a unique identity and striking prominence to the products or services of a
company or service firm, within the concerned marketplace. Besides this, a
highly imaginative and impressive trademark or service mark helps as a very
effective catalyst for progress, popularity, and profitability of the business of
the said company.

3. What is a Trademark or Service Mark?
 Anything that distinguishes the products or services
of a company from those of other companies in the
concerned jurisdictional market, is generically
known as a trademark (TM) or service mark (SM).
The term “trademark” is commonly applied to
products of a company, and for representing services
of a service-providing company, the special wording
is a “service mark”. Any distinctive mark, figure, sign,
wording, or indication, can be selected for giving a
distinguishing and impressive marking on the
products or services of a company, within the
specified jurisdiction. We help companies and firms
comprehensively and ingeniously in Trademark
Creation of desired type and form, for doing
business or profession in any sector of occupation
and economy.

4. Types and Nature of Trademarks
 The most prominent and common trademarks contain
any one or more of the things like a word or letter,
numeral, graphical figure, a certain wording or phrase,
any sign or signature, a distinctive combination of colors,
2D or 3D shapes, sound mark(s), or any distinct
indication. Here, the most important thing is that the
selected trademark or service mark must not be even
partially similar to the trademarks or service marks of
other companies and firms which are located in the same
country, in order to avert the cases of official rejection
from registration, trademark opposition, or trademark
infringement litigation. To verify originality and
uniqueness of a newly created trademark or service
mark, the task of Trademark Search is performed through
the trademark databases kept in the jurisdictional
trademark offices of the concerned country.

5. Trademark Classification
 The trademark classification list gives detailed
information about the various classes of
trademarks and service marks pertaining to
different fields of businesses, professions, and
services. Since India is a fully active and
respected member of most of the international
trademark conventions and treaties (such as the
TRIPS Agreement, Madrid Protocol, Berne
Convention, and the European Community
Trademark), the trademark classification list used
in India is rather extensive and all-en-compassing.
In India, there are a total of 45 classes of
trademarks and service marks; eleven classes are
allotted to the services in diverse sectors, and the
remaining 34 are reserved for products in all
economic sectors.

6. Trademark Symbols
 For the ultimate purpose of fortifying that a particular trademark or service mark
is properly registered with any trademark office of a country, trademark symbols
are used. The most well-known trademark symbols used on products and services
in India and abroad are ® (an encircled capital R) and TM. For service marks, the
symbol SM, is also utilized specifically, in addition to the symbol TM.
 Any of these trademark symbols is generally placed to the upper right of the
preceding trademark in superscript style. Again, for a registered trademark, the
most universal trademark symbol is ®; this symbol cannot be used to represent an
unregistered trademark or service mark. During the period, when a trademark is
filed for registration and is under the process of registration, a company can use
the symbol TM or SM on products, for the purposes of commercial dealings and
transactions or advertisement.

7. Trademark Offices in India
 As India is a vast country with the second largest population and one of the major
and fast progressive economies of the world, there are as many as five well-
established, big, and well-equipped trademark offices in all across India. These
zonal trademark offices are located in Mumbai, New Delhi, Kolkata, Chennai, and
Ahmedabad. These zonal trademark offices are responsible for registration,
regulation, and controlling of trademarks and service marks, which belong to
companies and firms in all economic sectors in entire India. Based on any specific
location of the applicant entity, selection of any these provincial trademark
offices are made for trademark registration, trademark renewal, or trademark
opposition. The head trademark office of India is situated in Mumbai, that
supervises and regulates the activities and responsibilities of all other regional
trademark offices of the country.

8. Procedures for Trademark Registration in India
• The main and most significant tasks associated with registration of a trademark or
service mark, are - Trademark Creation, Trademark Search, Trademark Application
Filing, Official Examination and Verification, and Trademark Prosecution for
Registration. Among these the first two tasks have already been discussed in the
above paragraphs, and now in this section, we are offering necessary details
about the remaining tasks or topics.

9. The application for seeking proper registration of any newly created trademark or
service mark, with any zonal trademark office of India, is made through the Form
TM-1. The most important associated with this application form are - the
prescribed registration fee, a soft copy of the proposed trademark in JPEG format,
name and address of the applicant company or firm, trade-related descriptions of
the proprietor company, concise information about the trademark or service
mark being filed, the Class and Date of the very first use of this trademark, etc.
After receipt of the trademark registration application, the trademark registry
office will conduct necessary examination and verification of the filed trademark
or service mark. After satisfactory results regarding the originality, perfectness,
and uniqueness of the filed trademark within Indian jurisdictions, the trademark
registry office publishes this trademark on the Indian Trade Marks Journal for a
period of three months. Any company or firm may raise objection to registration
of thus filed trademark, within this period, through the Form TM-5, submitted to
the zonal Registrar of Trade Marks.

10. If no objection has been raised by the owners of previously registered or filed
trademarks, then the forwarded trademark is given the final governmental
approval and is perfectly registered. In case when objections by other entities are
raised, sorting out of all affairs is made first before giving permission for its
registration, through discussions in presence of the applicant and the opponent.
Today, brisk e-filing of the trademark registration application is also well-
facilitated with the website of the concerned zonal office of the trademark
registry. Our well-informed and vibrant trademark lawyers of international repute
are well-versed in e-filing of trademark registration applications on behalf of
Indian and global clients. The lavish benefits of e-filing are - immediate receipt of
the trademark application number and the filing date, assurance of an error-free
filing, secure saving of all data in PC, ease in knowing the present status of the
filed application and e-payment, promptness of the registration process, and so
on.

11. Duration & Cost for Trademark Registration in India
 In general, any zonal trademark office of India
grants registration to any trademark or service
mark well within a year. However, depending upon
the status of uniqueness and infringement
allegations by other entities, the registration of a
trademark or service mark may take longer period
of time.
 At present, the governmental fee for registration of
a trademark or service mark with any regional
trademark office of India, is INR-3,500/-. This fee
does not include the consultation fees, fees for
preparing and filing the trademark registration
application, and the fees for fighting any trademark
opposition case.

12. Validity of a Registered Trademark
 The time-period of recognition and validation to
any registered trademark or service mark in all
across India, is 10 (ten) years, from the date of its
registration. Well within the elapse of this period, a
trademark must be renewed further for next ten
years, in order to enjoy governmental protection
and the full gamut of trademark related rights.
Given is brief information about the trademark
renewal, hereunder.

13. Trademark Renewal
 The application for renewal of any registered
trademark or service mark is made in the Form
TM-12, with the concerned zonal trademark
office. At present, the trademark renewal fee is
INR-5,000/-, for punctual renewals. For belated
renewals (Form-10) and the restoration of
removed trademarks (Form TM-13), the fees are
INR-3,000/- and INR-5,000/-, respectively.

14. Trademark Opposition
 In future, if any proposed trademark or service mark
happens to be strikingly or objectionably similar to
yours registered trademark, you can rigorously file a
trademark opposition application in Form TM-5. The
trademark opposition application is recommended to
be filed within three months from the date of
publication of the proposed trademark in the Indian
Trade Marks Journal.