3. Types of Trademark: Word Mark & Device Mark
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‘Word Mark’
(Only with Text)
‘Device Mark’
(Pictorial Representation)
Apple
Google
Microsoft
Flipkart
Amazon
Coca Cola
Adidas
Pepsi
Covaxin
4. Word Mark & Device Mark - Difference (Contd..)
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‘Word Mark’ ‘Device Mark’
Name / Brand will be protected
without any specific design/ colours
Where a trademark consists of name /
logo / tagline, the mark shall be taken as
a whole for registration.
Independent components of a mark (Name,
Slogan) will not be separately protected with a
‘Device Mark’
Important Note:
- If your trademark is a ‘TEXT’, a ‘Wordmark’ Application has to be filed.
- If your trademark is a ‘LOGO WITHOUT TEXT’, a ‘Devicemark’ Application has to be filed.
- If your trademark is a ‘LOGO WITH TEXT’, It is always advisable to file a ‘Wordmark’ application
and a ‘Devicemark’ Application to ensure complete protection of ‘Name’ as well as ‘Logo’.
- Separate application fee will be applicable each applications.
5. LOGO : How to Protect a Logo Trademark?
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Trademark / Logo Components How to Protect?
NIKE (Name) ‘Wordmark’ Application
The Swoosh Sign
(Symbol)
‘Device Mark’ Application
JUST DO IT
(Word /Tagline)
‘Wordmark’ Application
Logo
(All Three Components
Together)
‘Device Mark’ Application
(Logo / Device Mark application will
not protect individual components.)
(Note: ‘NIKE’, ‘The Swoosh Sign’,’ JUST DO IT’ are
the Registered Trademark of NIKE INNOVATE C.V.
Trademark is added here only for informational use)
6. Trademark Application Filing Process
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Decide
‘Trademark’
Decide the
‘Applicant’
Identify
Trademark
Class
Power of
Attorney
(POA)
Details of
Applicant
Affidavit
(if required)
TM-A
Logo Mark
(Device Mark)
Wordmark
(Brand)
Filing TM-A
with Trademark
Registry
OR
OR
Both
7. Who can file Trademark Application?
Trademark can be applied in the name of an Individual or in the name of an organization
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● Individual / Sole Proprietor ● Association of Persons
● Partnership ● Body Corporate
● Limited Liability Partnership ● Government Department
● Limited Company ● Hindu Undivided Family
● Single Firm
● Joint Applicants (Two or more Individuals
together)
● Joint Firm (Two / more firms together) ● Society
● Statutory body ● Foreign Nationals / Foreign Companies
8. Govt. Fee for Filing Trademark Application
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Applicant Category Filing Fee (₹)*
Individual / Sole Proprietor ₹4,500.00
Others (Company / LLP / Trust/Society etc.) ₹9,000.00
Company / LLP / Others with Startup India /
Udyam (MSME) Registration
₹4,500.00
* Filing Fee is Applicable Per Class / Mark.
9. Details Required for Trademark Filing
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● Name & Address of Applicant (ID & Address Proof for KYC)
● Details of Signatory / Authorised Representative (ID & Address Proof for KYC)
● Trademark Name
● JPEG format of Logo in 8cm x *8cm Size
● Product / Service Description (TM Class)
● Power of Attorney (POA) to Trademark Agent
● Affidavit (if Trademark is already in use)
Note: CompaniesInn follow 100% online process for order processing, payment, submission
of data and documents and automated generation of (POA) and Affidavit.
10. Trademark Classification
All the Goods and Services are categorised into 45 Classes under NICE
Classification (NCL)
● A ‘Trademark’ can be filed in Multiple Classes to protect the entire range of
Products or Services.
● Every application in each Class will attract Separate Filing Fee.
Complete Trademark Classification List
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Products Class 1 - 34
Services Class 35 - 45
11. Use of ™ and ®
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™ Can be used with Brand / Logo after
filing the Trademark Application with
Registry.
® Can be used with Brand / Logo after
getting Trademark Registration Certificate
12. www.companiesinn.com
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Trademark Registration Process
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Trademark Application
(TM-A)
Trademark Examination
Examination
Report
Reply to
Exam Report
(30 days from Report)
Publication of Advt. in Trademark
Journal Accepted
Accepted
Show Cause
Hearing
REJECTED /
ABANDONED
Opposition TImeline 4 Months
Counter to Notice
Opposition Hearing
Evidence to Application
Trademark
Registration
Certificate
Appeal to High
Court
Opposition Notice
Rejected
Rejected
Rejected
Accepted
YES
NO
Rejected
Accepted
No Reply
No
Hearing
13. Trademark Registration Process...
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Stages Status Process
Stage 1
Filing of TM
Application
Identify the Type of Trademark and Class(es) of
Trademark and authorise the Agent to file the
application. File APplication in TM-A online with TM
Registry.
Stage 2
Examination of
Trademark
Application
TM registry will examine the application and check if
the trademark is acceptable for registration.
If accepted, the mark will be advertised in the
Trademark Journal, else an examination report will be
issued with reasons.
14. Trademark Registration Process...
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Stages Status Process
Stage 3
Reply to
Examination
Report
(if required)
Reply to be filed within 30 days of report with
justifications and legal citations to support the reply.
In case the reply is not filed, the application will be
abandoned.
If the Reply to Examination Report is accepted by
the Registry, the mark will be advertised in the
Trademark Journal, else the application will be
marked for ‘Show cause hearing’.
15. Trademark Registration Process...
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Stages Status Process
Stage 4
Hearing at TM
Registry (If
required)
A personal hearing will be conducted by the
Register and a final decision on application will be
taken by the Registrar.
If accepted, the mark will be advertised in the
Trademark Journal, else the application will be
rejected by the Registrar.
Stage 5
Advertisement
in TM Journal
If anyone has opposition to the registration of Marks
can lodge Notice of Opposition to Trade Marks
Registry within 4 months from the date of the
Journal.
16. Trademark Registration Process...
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Stages Status Process
Stage 6
Opposition
Process, if any
In case any third party opposes the registration of
trademark, TM Registry will mark the application
as Opposed and the applicant has to make
necessary Counter statements, Affidavits and
supporting evidences to defend the Opposition.
Stage 7
TM Registration
Certificate
If there is no opposition from anyone within 4
months from the date of advertisement in journal,
the TM registry shall issue a certificate of TM
Registration to the applicant.
17. Timeline for Trademark Registration
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Stages Status Timeline*
Stage 1 Filing of TM Application 1 Day (Start use ™)
Stage 2 Examination of Trademark Application 30-45 days
Stage 3 Reply to Examination Report (if required)** 30 Days from Report
Stage 4 Hearing at TM Registry (If required)** When Scheduled
Stage 5 Advertisement in TM Journal 4 months from Advt.
Stage 6 Opposition, if any ** Depends on Case to Case
Stage 7 TM Registration Certificate 6-9 months (Start use ® )
(If there is no Objection / Opposition)
* In case the application is subject to Stage 3 / Stage 4 / Stage 6, the timelines will get extended accordingly.
** Stage 3 / Stage 4 / Stage 6 will attract additional cost of professional charges and applicable Govt fee.
18. Validity of Trademark Registration
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Validity of TM Valid for 10 years from the ‘Date of Application
Renewal of TM
TM Registration to be renewed in every 10
years thereafter.
19. Jurisdiction of Trademark Registration
● Trademark Registered in India is valid only in INDIA.
● For International Trademark Registration, separate application
has to filed with respective Country where the Trademark is to
be protected.
● A Trademark filed / registered in India can be filed with 124
Countries through Madrid System of WIPO
● Cost of Filing varies from Country to Country.
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20. Place your Order for
Trademark Registration
CompaniesInn Solutions Private Limited
CIN U74140KA2015PTC079385
Regd. Office. # 48, 100 Feet Road, Opp.Kendriya Sadan, Koramangala, Bengaluru, 560034
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