Trademark Registration in Gurgaon

Trademark Registration in Gurgaon

Are you thinking of registering your trademark in Gurgaon?

Let us help you out!

A trademark is a name/logo/catchy tagline that distinguishes your goods and services from others. In India, registration of a trademark is not mandatory, but registering your trademark under the Trade Marks Act, 1999, grants you exclusive rights, protects you from imitators, and strengthens your brand’s credibility across India. A registered trademark in India becomes eligible for international registration as a trademark in other countries. Once a trademark is registered, it remains valid for 10 years and can be renewed indefinitely.

You know the best part? You can register your trademark online at the official Intellectual Property (IP) India portal.

What is a Trademark?

A trademark is a special symbol, design, name, or combination of any that denotes a special product that identifies and distinguishes the source of the goods from one person to another. The Trademarks Act, 1999, does not mandate the registration of trademarks in India, but registration provides the trademark owner with legal protection, exclusive rights to use the mark, and other benefits.

Who Can Apply for Trademark Registration in Gurgaon?

• Individual
• Sole Proprietorship
• Partnership Firm
• Limited Liability Partnerships
• Private Limited Company
• Public Limited Company
• One Person Company
• Trust
• Society

The Trade Marks Act, 1999, governs all applications for trademark registration in Gurgaon.

Benefits of Trademark Registration in Gurgaon

• Registering a trademark gives the owner exclusive legal rights to use that mark for the goods or services it provides.
• A registered trademark is an intangible asset that adds value to your business.
• If someone tries to copy or misuse your brand name, logo, or slogan, you can take legal action more easily and claim damages.
• Trademarks help customers identify your products or services from others.
• Trademarks differentiate your products from competitors.
• Registration of a trademark in India is used as a basis for international trademark registration.
• Registered owners of the trademark have the right to sue for damages and injunctions in case of unauthorised use.

Requirements to Apply for Trademark Registration in Gurgaon

Before you apply for a trademark in Gurgaon, it is important to make sure your brand name, logo, or slogan meets the basic eligibility conditions set by the Indian Trademark Office.

1. Your trademark must be unique and distinctive: Your brand name or logo should be different from any other existing trademark. Search the IP India database before filing to make sure no one else is using a similar name or logo.
2. Your trademark must be visible and representable: A trademark should be something that can be seen, printed, or displayed, such as a word, logo, image, label, or symbol. NOTE: Smells, tastes, or ideas cannot be registered as trademarks in India.
3. Your trademark should clearly relate to your business: The trademark should help customers understand what your business offers, but it should not directly describe your product or service.
4. 4. Your trademark should not be offensive, misleading, or confusing: The name or logo should not hurt religious or cultural sentiments, nor should it create confusion with another brand. Avoid words or images that could offend any group or community.
5. Avoid using common or generic words: You cannot trademark words that are commonly used to describe a product or service, like using the word “Milk” for milk producing company.
6. Do not use restricted or government-related symbols: National symbols, flags, emblems, official seals, or government-related words such as “President,” “Prime Minister,” “Government of India,” or “Ashoka Chakra” are protected symbols and cannot be owned or used for private business purposes.

Documents Required for a Trademark Registration in Gurgaon

You need the following documents for the trademark registration in Gurgaon:

1. Trademark/Logo/Wordmark

2. Applicant’s Details

• Name, address, and nationality of the applicant
• Type of applicant (Individual, Company, Partnership, etc.)

3. Details of Goods or Services

• A clear description of goods/services for which the trademark application is filed
• Identification of the correct class based on NICE Classification

4. Power of Attorney (Form TM-48)

• Authorises a trademark agent or attorney to file on the applicant’s behalf
• Must be duly signed and executed on stamp paper

In the case of:

5. Individual or Sole Proprietorship

• PAN Card or Aadhaar Card of the applicant
• Proof of business address, such as rent agreement, lease deed, and utility bills for 2 months, etc.)

6. Partnership Firm/LLP

• Partnership Deed or LLP Agreement
• PAN Card of the firm
• Authorisation letter (if one partner is signing on behalf of others)
• User affidavit

7. Private Limited/Limited Company/OPC

• Certificate of Incorporation
• Company’s PAN Card
• Board resolution or letter of authorization to file the application

8. Trust or Society

• Registration certificate of the trust/society
• Trust deed or governing rules
• Authorization from the trustees or management body

9. Optional Documents (If Applicable)

• MSME or Startup India Certificate - To avail of a 50% discount on government fees for trademark application.
• Translation or Transliteration - Required if the trademark is in a language other than English or Hindi.
• User Affidavit - If your trademark has already been used before applying, submit a user affidavit with proof of use.

Online Process of Trademark Registration in Gurgaon

1. Do the Trademark Search on the IP India portal to check whether your trademark is registered or not.

2. As per the Nice Classification, trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.

3. Prepare the Trademark application in the Form TM-A and add the following details:

• Your name, your address, trademark image or text, list of goods/services, date of first use (if any)
• identity proof, business proof (incorporation certificate, partnership deed as applicable), logo/design file
• Goods or services associated with the trademark.
• Description of the trademark
• Date of first use of the trademark, if applicable

4. Go to the IP India e-filing portal, register or log in, and select the trademark section. Upload your filled form TM-A and supporting documents, and attach the Power of Attorney (Form TM-48) if an agent is filing the trademark application.

5. Pay the application fees.

6. Once you submit the application, the Trademark Office will examine the application. If there are any objections, you have to respond to the objection 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 in Gurgaon

After your trademark is successfully registered, it remains valid for 10 years from the date of application. The good news is that you can renew it as many times as you want.  

Trademark Renewal Process

• 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 trademark's expiry date. A grace period of 12 months after expiry is also available, subject to payment of additional fees.
• Once the Trademark is renewed, it will again remain valid for another 10 years.

Why Choose Kanakkupillai for Trademark Registration in Gurgaon?

Registering a trademark in Gurgaon can seem complicated, as there are forms to fill out, classes to select, documents to prepare, and timelines to follow. 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 requirements and ensure that your trademark application is filed correctly.
• Accurate class selection: We help you identify the right classes for your goods or services to secure complete protection.
• Document preparation assistance: We handle the documentation process for your trademark registration.
• 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.