Trademark Registration

File trademark registration application online through estartupindia in less than 24 hours at just Rs.5988 all inclusive fee. Get a free trademark search and consultation on trademark filing process. estartupindia provides a range of trademark services from trademark filing to objection handling.

Trademark registration helps establish ownership and protect brand of an entity. estartupindia offers trademark filing from Rs.5988/-



Importer Exporter Code

Any person or entity can file a trademark application in India. Unique names and prior usage of mark will help boost chances for getting the mark registered.

estartupindia offers free trademark searches. Prior to applying for a trademark registration, doing a trademark search can help uncover similar or identical marks.

Trademark Registration - Online Filing

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 originating from a different business. A trademark is a protectable asset under Indian laws and regulations. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration with the Office of Controller General of Patents Designs and Trademarks. The process for trademark registration has various steps, and it is essential to hire an Expert for trademark filing to maximise chances of registration.

estartupindia has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands. We also offer a comprehensive suite of services for intellectual property registration and protection in India like trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with an estartupindia Trademark Expert.

Eligibility & Requirements

Any person or legal entity can file a trademark application in India. There is no requirement for the mark to be used before applying. Hence, a trademark application can be filed under the category of "Mark proposed to be used" if the inventor of the word or mark wants to protect it before advertising the brand.

There is also no requirement for the trademark applicant to be an Indian citizen or Indian business. Hence, any foreign national or foreign entity interested in securing a trademark registration in India can file a trademark application without any other requirements.

Trademark Registration Fundamentals

Before beginning the process of filing a trademark application, the applicant needs to understand some basic concepts relating to trademark filing.

Trademark Class: The World Intellectual Property Office or WIPO has organised all goods and services under 45 different classes. Hence, when a trademark application is submitted - it must fall under one or more class. For example, the trademark application for a bike called "FastSpring" would be filed under Class 12, which pertains to vehicles. If the mark is registered under Class 12, then no other person would be eligible to register an identical or similar mark under the same class. On the other hand, if an applicant makes a trademark application for "FastSpring" under a different class, if there are no conflicts - then the mark would be registered under the different class. In case an applicants product or service spans across classes, then multiple classes can be included in the trademark application at an additional cost.

Jurisdiction: For a trademark to be legally protected in India, it must be registered in India. Similarly, just because a mark is registered in India will not ensure that the trademark is protected in other countries across the world. If the trademark owner plans to take a brand international, then multiple trademark applications in the respective countries must be filed.

Documents Required

To register a trademark the following documents should be uploaded on estartupindia platform:
1. Logo, if applicable.
2. Identity proof of the trademark owner
3. Incorporation certificate, if company or LLP
4. Address proof
Note: Logo is not mandatory. Word alone can be trademarked.

Trademark Registration Process

At estartupindia, the process for registration of the trademark begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The Government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the trademark search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.

In most cases where the mark is unique, on filing the trademark application, the Examiner would verify all details and approve for the publishing of the mark in the Trade Marks Journal. When the mark is published in the Journal, any person or entity would have the opportunity to oppose registration of the mark. If the mark is not opposed, then the trademark certificate is issued to the applicant with a validity of 10 years.

In case there are identical trademarks, then the process for registration could be lengthy and costly - involving various legal procedures and hearings. If there are similar marks, then the process could be quick or include objections and hearings - based on the Examiners decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application, he/she will issue a notice of objection. The objection notice must be responded within 30 days. On responding to the notice, a Hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case your trademark application is objected by the Trademark Examiner, estartupindia can help you with filing an objection reply or appearing on your behalf at hearings - at a nominal additional cost.

Avoiding Trademark Application Rejection

To avoid the trademark application from being rejected, the following checklist can be helpful:

1. The mark is not similar to an existing application
2. The mark is not a well known or generic term like "Milk" or "Chair"
3. The mark is not deceptive or misleading people
4. The mark contains bad or offensive words
5. The mark contains words like Government or President or other well-known personalities

Benefits of Obtaining Registration

On registration of the mark, the R symbol can be used next to the mark to put the public on notice that the mark is a registered trademark. For the trademark legal protection will be valid for a period of ten years. Renewal of the trademark can be done before expirty without any penalty for a further ten years by the owner.

In case of infringement of a registered trademark, the trademark owner can get legal remedy. A Court may grant relief for trademark infringement or for passing off (eg: counterfeit goods). Trademark infringement relief can be provided through an injunction, damages or an account of profits, together with or without any order for the deliver-up of the infringing labels and marks for destruction or erasure.

Pay as you go grow pricing

All Inclusive Pricing - No Hidden Fee

BASIC

5988
all inclusive fees
  • Trademark filing under one class for proprietorships and small enterprises having MSME registration. Inclusive of government fee and taxes.

STANDARD

7488
all inclusive fees
  • Trademark filing under one class for proprietorships and small enterprises along with MSME registration. Inclusive of government fee and taxes.

PREMIUM

11988
all inclusive fees
  • Trademark filing under one class for all other enterprises and entities. Inclusive of government fee and taxes.

9 Articles to Read Before Trademark Registration

Procedure for submitting IE code application along with the documents required for obtaining IE code. Any business in India that imports or exports goods and/or services would be required to submit an IE code application with the DGFT.

Procedure and documents required for obtaining IE Code. 'Import Export Code', most popularly known as IE Code, is a 10 digit number issued by the Director General of Foreign Trade. 'Import Export Code' is the mandatory requirement for all the persons who are engaged in either importing and/ or exporting goods or services from India.

Registration-Cum-Membership Certificate (RCMC) is a certificate that validates an exporter dealing with products registered with an agency/ organization that are authorised by the Indian Government.

Exporters are required to file shipping bill for obtaining customs clearance. Recently, vide notification dated 25th March, 2019, the shipping bill format has been amended.

The facility of imports and exports by courier mode is permitted to only those courier companies that are registered under Customs. These courier companies are called 'Authorized Couriers'.

Directorate General of Foreign Trade (DGFT), formerly known as the Chief Controller of Imports and Exports (CCI&E), is India's official administrating body for imports and exports. It is an attached office of the Department of Ministry and Commerce and is headquartered in New Delhi.

The Foreign Trade Policy (FTP) was introduced by the Government to grow the Indian export of goods and services, generating employment and increasing value addition in the country. The Government, through the implementation of the policy, seeks to develop the manufacturing and service sectors.

Export Inspection Agency is an entity approved and administered by the Export Inspection Council for the purpose of inspecting the commodities that are meant to be exported, as well as to co-ordinate with the council in its various endeavours. List of all export inspection agency in India categorised by state and city.

Self-assessment is one of the pivotal clearance methods which was brought in by customs authorities to ease import procedures and expedite its clearance. Self-assessment formalities and procedures are applicable in large customs base locations.

Frequently Asked Questions

IE Code stands for Import Export Code. It is required for any person importing or exporting goods and services to or from India.

All importers must mention their IE Code while clearing customs when their goods arrive in India. All exporters must mention their IE Code while exporting their goods from India. Additionally, now RBI requests person importing or exporting services to also mention IE Code in foreign remittances in bank account. Therefore, IE Code is required for anyone involved in import or export in India.

No. IE Code is not a tax registration. So no tax is levied based on IE Code during import or export of goods or services. However, customs duty maybe levied.

Any person who proposes to import or export goods and services from or to India must obtain IE Code.

Yes, individuals acting as Proprietors of a business can obtain IE Code Registration.

To obtain IE Code registration, a copy of PAN Card, proof of address of business and constitution of the business [Partnership deed, Incorporation Certificate, etc.,] and a letter from the banker is required.

IE Code Registration can be obtained from the DGFT in 10-15 working days after submission of all required documents and application.

 

 

IE Code is not a mandatory registration, only importers and exporters of goods or services must have IE Code. Therefore, there is no penalty for not having IE Code; however, import / export will not be possible without an IE Code.

No. Returns need NOT be filed for IE Code.

IE Code is valid for life-time of the entity and renewal is also not necessary.

Opening a current account for a private limited company is easier when compared to opening of current account for a sole proprietorship firm as a company is a registered legal entity - recognized by law. Therefore, once a company is incorporated, a bank account can be opened in the name of a company with the incorporation certificate of the company and identity/address proof of the Directors.

Open a new or link your existing ICICI bank current account with LEDGERS for seamless bank account reconciliation, account balance check and sending of payments through NEFT / RTGS / IMPS.

Open a new or link your existing DBS bank business account with LEDGERS for seamless bank account reconciliation, account balance check and sending of payments through NEFT / RTGS / IMPS.