+91 7305 345 345Trademark Registration for Private Limited Company
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Running a private limited company and want to secure your brand? Kanakkupillai offers comprehensive trademark registration services for private limited companies, encompassing trademark search, filing, class selection, and post-registration support. Get your brand protected across India without worrying about complexities. Trust our experts to manage the process from start to finish!
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Trademark Registration for a Private Limited Company
A Private Limited Company’s brand is one of its most valuable assets, and protecting it should be a top priority. A trademark helps in protecting your company’s name, logo, or design so that no one else can copy or misuse it. While registering a trademark is not mandatory under Indian law, it gives your company exclusive rights, legal protection across the country, and recognition in the market. A registered trademark also builds trust with customers and adds real value to your business. When your company plans to launch new products or even seek international protection, a registered trademark works like an asset at every step. The process for trademark registration in India is easy. It can be completed either online or in person at the appropriate office of the Controller General of Patents, Designs and Trademarks.
What is a Trademark?
A trademark is a special symbol, design, name, or combination of both that is used to identify a product pr a service from the rest of others. A trademark registration helps in distinguishing. In India, trademarks are regulated by the Trade Marks Act, 1999. The authority responsible for processing trademark applications is the Controller General of Patents, Designs and Trade Marks (CGPDTM).
Benefits of Trademark Registration for a Private Limited Company
- After registration, the company gets the exclusive right to use the trademark, and no one else can use it without approval.
- A registered trademark is legally protected all over India.
- A registered mark enhances the reputation of the company in the market.
- A trademark registered in India can also be used to apply for trademark registration in other countries.
- A trademark becomes an intellectual property right (IPR) for your company, which adds value. You can use it for licensing and assignment to generate money.
- Customers trust brands that have a registered trademark more than those that do not.
- If your company expands into new markets, launches new products, or even converts into an LLP or company later, a registered trademark stays the same.
Eligibility Criteria for Trademark Registration
- The Private Limited Company must be registered in India and have a valid Certificate of Incorporation (CIN).
- The trademark must be unique, new, different, and original, such that it is capable of identifying the goods or services from the rest.
- The trademark must not be a generic or commonly used term in the market. For example, the word “bag” will not be trademarked.
- The trademark should not be the same as or too similar to any existing registered trademark.
- The trademark must either be already in use for your goods or services, or you should plan to use it in the future.
- The trademark must comply with the Trade Marks Act, 1999, and should not contain anything prohibited under the law.
- The trademark application must be filed under the correct class, depending on the type of goods or services.
- The trademark application must be filed by the director, officer, or authorised signatory of the company. If it is not filed by any of them and filed by any agent or attorney, attach the Power of Attorney (Form TM-48).
Documents Required for Trademark Registration for a Private Limited Company
1. Company Documents
- Certificate of Incorporation issued by the Registrar of Companies.
- Company’s PAN Card.
- Address proof of the company, such as the latest utility bill, lease agreement, or bank statement.
2. Authorized Signatory Documents
- Aadhaar Card, Passport, Voter ID, or Driving License for identity proof of the director/authorized person
- A recent utility bill, bank statement, or rental agreement for address proof of the director/authorised person.
- Power of Attorney (Form TM-48) signed by a director if the application is being filed through a trademark agent/attorney.
3. Trademark Specific Documents
- Logo or Wordmark in JPEG format, ideally 8cm x 8cm, high resolution.
- Description of goods/services and the class under which protection is sought.
- Date of first use (if already in use). Supporting documents like invoices, packaging, website screenshots, or advertisements should be attached as proof.
- Board Resolution authorizing the director/representative to apply for trademark registration on behalf of the company.
Online Process of Trademark Registration for Private Limited Company in India
1. Conduct a Trademark Search on the IP India portal to check whether your trademark is registered or not.
2. Trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.
3. Draft and prepare the Trademark application. In the application, make sure you include:
- Brand name and a clear image of the trademark
- Details of directors/authorised persons, including name, address, nationality, and legal status of the applicant
- Goods or services associated with the trademark.
- Description of the trademark
- Date of first use of the trademark, if applicable
4. File the trademark application through the IP India portal, select the ‘Company’ as your applicant type, upload the necessary documents, and submit it online.
5. Pay the application fees. The government fee for filing an online application is ₹9,000 per class of goods or services. If you are filing the application in person, the fee is ₹10,000/-.
6. Once you submit, the Trademark Office will examine the application. If there are any objections, you have to respond to the application within 30 days.
7. After examination, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.
8. If no opposition is filed or if the opposition is resolved in your favour, your trademark is registered.
9. You will receive a Registration Certificate for your trademark. After registration, you can use the ® symbol with your trademark.
Validity and Renewal of Trademark
Once your trademark is registered, it shall be valid for 10 years from the date of application. You can renew your trademark indefinitely for a lifetime.
Renewal Process
1. Form TM-R: To renew a trademark, the applicant must file Form TM-R with the prescribed government fee. This should be done before the expiry date of the trademark. A grace period of 12 months after expiry is also available, subject to payment of additional fees.
2. Documents Required:
- Original Trademark Registration Certificate
- Identity proof of the applicant/directors
- Power of Attorney (Form TM-48), if the renewal is being filed through a trademark agent or attorney
Once the Trademark is renewed, it will remain valid for another 10 years.
Why Choose Kanakkupillai for Trademark Registration?
Registering a trademark can seem complicated, as it involves completing forms, selecting classes, preparing documents, and adhering to specific timelines. Kanakkupillai provide end-to-end support to make the process smooth, reliable, and hassle-free. We provide:
- Complete guidance: From trademark search to final registration, we guide you every step of the way.
- Expert team: Our professionals understand the legal nuances and ensure that your trademark is filed correctly.
- Accurate class selection: We help you identify the right classes for your goods or services to secure full protection.
- Document preparation assistance: No more confusion about identity proof, business proof, or trademark representation.
- Affordable & transparent pricing: No hidden charges, only transparent fees!
- Timely updates: We keep you informed at every stage, from examination to the issuance of your registration certificate.
- Post-registration support: We assist with trademark opposition and renewal applications.
Frequently Asked Questions
Is trademark registration mandatory for a Private Limited Company in India?
No, it is not mandatory, but registration gives legal protection, exclusive rights, and builds trust with customers.Who can apply for the trademark on behalf of the company?
The application can be filed by a director, an officer, or an authorised signatory. If filed through a trademark agent, a Power of Attorney (Form TM-48) is required.Can a Private Limited Company register both a logo and a wordmark?
Yes, the company can register a wordmark, logo, or both to get complete protection for its brand identity.How do I know if my trademark is available?
A trademark search on the IP India portal helps check if the proposed mark is already registered or if it is too similar to another mark.How long is a registered trademark valid?
A registered trademark is valid for 10 years and can be renewed indefinitely in 10-year periods.Can a registered trademark be used internationally?
Yes, a trademark registered in India can serve as a basis for applying for protection in other countries through international treaties or national applications.What makes Us Different
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