Our Trademark Related Services: 

1. Trademark Registration
2. Reply to examination report in case of objection
3. Filing opposition
4. Counter reply to trademark opposition
5. Filing evidence in support of application/opposition 
6. Modification of existing application
7. Facilitating trademark hearing

1. TRADEMARK APPLICATION 


Types of marks that can be registered as a trademark:

Any brand name, logo, slogan, design, image, a combination of numbers, alphabets or alphanumeric set of words or combination thereof used for identification of association of goods/services with a particular person/company can be registered as a trademark. Such a mark should be able to distinguish the goods and services of your business from other's business. 

Who can apply for trademark registration: 

a) Individual/Sole Proprietor 
b) Partnership Firm / Limited Liability Partnership (LLP)
c) Company - Private, Public or One Person Company
d) NGO

Fees for trademark application:

Type of Applicant

Government Fee (INR)

Professional Fee (INR)

Total (INR)

Individual / Sole Proprietor / Startup / Small enterprise

4500/- per class

2000/- per class

6500/- per class

All other cases

9000/- per class

2000/- per class

11000/- per class

 

What is class: 

The Registrar classifies goods and services, as far as may be, in accordance with the International Classification of goods and services for the purposes of registration of trademarks. There are total of 45 classes of goods and services available as of now. For example: If a person is dealing/wants to deal in shoes and clothes, then he/she needs to get the trademark in class 25. On the other hand, if they want to deal in sports articles even with the same brand name/logo, still they need to apply for a trademark in class 28. 

Is it mandatory to have a trademark: 

Generally, it is not mandatory to have a trademark to deal in particular goods or services with a particular name or logo. But the business entities generally invest a lot of money and efforts for marketing their products and creates a unique identity in the market. In the absence of a registered trademark, the brand name/logo can be easily copied by competitor firms or local market vendors. It creates complications and confusion in the mind of the consumer regarding the actual brand and ultimately causes harm to the brand value/ goodwill of the business. Therefore, it is always recommended to get a trademark registered before launching any particular brand in the market. 

However, in the world of e-commerce, some platforms like Amazon allows their seller to trade with a particular brand name only if they have a trademark for the same. So, it becomes mandatory for them to acquire a trademark first before starting their operations on such platforms. 

Can we register a trademark later on: 

A common question that arises in the mind of a businessman is that "can they register for trademark later on ?". Sometimes it happens that a business entity is running with a particular brand name/logo for many years, but they have not yet registered their trademark. In such a case, the business entity if free to get their brand name/logo registered as a trademark. Evidence of using such a brand/mark is required to be shown in such a case. 

Documents required for trademark application: 

a) Proof of Applicant: ID (PAN/Aadhar) and Address Proof (Driving License/ Utility Bill/Bank Statement) of Applicant. 

b) Brand Name or Logo: Trademark can be applied for using a particular innovative word or combination of words, in such a case no logo is required. 

c) List of goods/ services for which Trademark is required or class number of goods and services. 

d) Email id and mobile number.

e) Certificate of registration: If the applicant is Company/ LLP / NGO. 

f) Proof of TM Use: Only if the mark is already in use. 

g) MSME / Start-up Recognition: Required if the applicant is Company / LLP and willing to avail 50% rebate in government fee. 

h) Power of Attorney: A signed POA is required in favor of our registered trademark attorney or agent to allow us to make a trademark application on your behalf. Once you make the payment and provide other documents, we will draft a POA and send it for your signatures. 

Process of trademark registration: 

Step 1: Click here to check the class of goods or services for which you need a trademark.
Step 2: Click here to check the trademark availability in the relevant class. 
Step 3: Click here to make an online payment to AUS Accounting & Business Solutions. 
Step 4: Click here to email the documents/information required along with payment acknowledgment. 

OR

Simply call us at +91-9990976958, we will do the rest.


Time taken for trademark registration: 

Once we apply for a trademark, an examination of the application is conducted by the department, if there is no objection, then the application is published in Trademark Journal for a period of 4 months for public comments/ opposition. If no such opposition is raised by the public, then a trademark registration certificate is issued by the department. 

Once we get all the documents/ information required and fees from the client, we make the trademark application within 24 working hours and share the acknowledgment of the same. Once we share the acknowledgment of the application, you can use (TM) with the applied mark. (R) can be written with the applied mark only after the issuance of trademark registration certificate by the registrar, which takes minimum of 6 months. 

2. REPLY TO EXAMINATION REPORT


Trademark registries generally issue examination reports on two basic grounds, i.e., under Section 9 or under Section 11 of the Trademarks Act, 1999. 

Section 9- Absolute grounds for refusal:  

(1) The trademarks--

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bonafide and established practices of the trade, shall not be registered:

Provided that a trademark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trademark if--

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

(3) A mark shall not be registered as a trademark if it consists exclusively of--

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods.

Explanation- For the purposes of this section, the nature of goods or services in relation to which the trademark is used or proposed to be used shall not be a ground for refusal of registration.

Section 11- Relative grounds for refusal: 

(1) Save as provided in section 12, a trademark shall not be registered if, because of--

(a) its identity with an earlier trademark and similarity of goods or services covered by the trademark; or

(b) its similarity to an earlier trademark and the identity or similarity of the goods or services covered by the trademark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trademark.

(2) A trademark which--

(a) is identical with or similar to an earlier trademark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trademark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trademark is a well-known trademark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trademark.

(3) A trademark shall not be registered if, or to the extent that, its use in India is liable to be prevented--

(a) by virtue of any law in particular the law of passing off protecting an unregistered trademark used in the course of trade; or

(b) by virtue of the law of copyright.

(4) Nothing in this section shall prevent the registration of a trademark where the proprietor of the earlier trademark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.

Explanation: For the purposes of this section, earlier trade mark means--

(a) a registered trademark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trademark in the question, taking into account, where appropriate, the priorities claimed in respect of the trademarks;

(b) a trademark which, on the date of the application for registration of the trademark in question, or where appropriate, of the priority claimed in respect of the application, was entitled to protection as a well-known trademark.

(5) A trademark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on anyone or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trademark.

(6) The Registrar shall while determining whether a trademark is a well-known trademark, take into account any fact which he considers relevant for determining a trademark as a well-known trademark including--

(i) the knowledge or recognition of that trademark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trademark;

(ii) the duration, extent and geographical area of any use of that trademark;

(iii) the duration, extent and geographical area of any promotion of the trademark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trademark applies;

(iv) the duration and geographical area of any registration of or any application for registration of that trademark under this Act to the extent that they reflect the use or recognition of the trademark;

(v) the record of successful enforcement of the rights in that trademark, in particular, the extent to which the trademark has been recognized as a well-known trademark by any court or Registrar under that record.

(7) The Registrar shall while determining as to whether a trademark is known or recognized in a relevant section of the public for the purposes of subsection (6), take into account--

(i) the number of actual or potential consumers of the goods or services;

(ii) the number of persons involved in the channels of distribution of the goods or services;

(iii) the business circles dealing with the goods or services, to which that trademark applies.

(8) Where a trademark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well-known trade mark for registration under this Act.

(9) The Registrar shall not require as a condition, for determining whether a trademark is a well-known trademark, any of the following, namely:--

(i) that the trademark has been used in India;

(ii) that the trademark has been registered;

(iii) that the application for registration of the trade mark has been filed in India;

(iv) that the trademark--

(a) is well-known in; or

(b) has been registered in; or

(c) in respect of which an application for registration has been filed in, any jurisdiction other than India, or

(v) that the trademark is well-known to the public at large in India.

(10) While considering an application for registration of a trademark and opposition filed in respect thereof, the Registrar shall--

(i) protect a well-known trademark against the identical or similar trademarks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

(11) Where a trademark has been registered in good faith disclosing the material information to the Registrar or where the right to a trademark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trademark or right to use that trademark on the ground that such trademark is identical with or similar to a well-known trademark.

Documents required 

1. Trademark application number/acknowledgment. 
2. Proof of Applicant: ID (PAN/Aadhar) and Address Proof (Driving License/ Utility Bill/Bank Statement) of Applicant. 
3. Email Id and Mobile Number. 
4. Power of Attorney: A signed POA is required in favor of our registered trademark attorney or agent to allow us to file a reply to the examination report on your behalf. Once you make the payment and provide other documents, we will draft a POA and send it for your signatures. 

Fee for filing reply to Examination Report 

Our professional fee for drafting and filing a suitable reply is Rs. 2500/- only. There is no government fee for filing a reply to the examination report. 

Process of filing reply to Examination Report 

Step 1: Click here to make an online payment to AUS Accounting & Business Solutions. 
Step 2: Click here to email the documents/information required along with payment acknowledgment. 

We will file a reply suitable on case to case basis and share the acknowledgment with you. 

OR

Simply call us at +91-9990976958, we will do the rest.

3. FILING OF OPPOSITION


If you find that the mark which is already in use by your business is applied by anyone else and their application is open for the opposition in trademarks journal, you can file an opposition on the same. Once the opposition is filed, the other party will be required to file a counter reply within a period of 2 months. After receipt of the counter reply, you will be required to file evidence in support of opposition within a period of 2 months and the other party will file evidence in support of the application. If any one party does not file evidence, the opposition/ application may be presumed to be nullified, as the case may be. The hearing may be held after all the evidence is filed. 

Documents required 

1. Trademark application number against which opposition is required to be made. 
2. ID (PAN/Aadhar) and Address Proof (Driving License/ Utility Bill/Bank Statement) of the person filing opposition. 
3. Email Id and Mobile Number. 
4. Grounds of opposition. 
5. Power of Attorney: A signed POA is required in favor of our registered trademark attorney or agent to allow us to file an opposition on your behalf. Once you make the payment and provide other documents, we will draft a POA and send it for your signatures. 

Fee for filing opposition


Process of filing opposition

Step 1: Click here to make an online payment to AUS Accounting & Business Solutions. 
Step 2: Click here to email the documents/information required along with payment acknowledgment. 

We will file the opposition and share the acknowledgment with you. 

OR

Simply call us at +91-9990976958, we will do the rest.

4. OTHER RELATED SERVICES


For consultation or filing counter reply to trademark opposition, filing evidence in support of application/opposition, modification of existing application or trademark hearing, you may call us at +91-9990976958