A trademark refers to a brand or logo that identifies the origin and quality of goods/services. Trademarks like Coca Cola and Nike serve this purpose. Registration provides exclusive ownership rights and is obtained by filing an application and issuing a registration certificate with the TM or ® symbols. Various signs and sounds can be registered as trademarks in India including names, letters, devices, shapes, and more. Both individuals and companies can apply for trademark registration for goods and services. The registration process involves filing forms, fees, and proving the mark is distinctive and used in commerce. Registration is valid for 10 years and can be renewed.

2.  A Trademark generally refers to a brand or logo.
 Trademark registration can be obtained for a business name, distinctive catch
phrases, taglines or captions. It is the most valuable assets of a business.
 Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an
indication of origin of the goods as well as an indication of quality.

3.  The use of TM symbols notifies the public that the company is claiming
exclusive ownership of the trademark and can generally be used by one who has
filed a trademark application.
 The ® symbol, can be used only once the trademark is registered and the
registration certificate is issued.

4. ● Any name (including personal or surname of the applicant or predecessor in
business or the signature of the person), which is not unusual for related trade to
adopt as a mark.
● Letters or numerals or any combination thereof.
● Devices, including fancy devices or symbols
● Monograms
● Combination of colours or even a single colour in combination with a word or
device
● Shape of goods or their packaging.
● Marks constituting a 3- dimensional sign.
● Sound marks when represented in conventional notation or described in words by
being graphically represented.

5. As per the provisions of the Trade Marks Act 1999, following are the types of trade
marks that can be registered in India:
● Product trademarks associated with particular goods.
● Service trademarks associated with a particular kind of service such as insurance,
building construction etc.
WHO CAN MAKE AN APPLICATION FOR REGISTRATION OF A
TRADE MARK :
● Any person who claims to be the proprietor of a trademark used or
proposed to be used by him can apply for goods as well services.
● In case of a company about to be formed, anyone may apply for a
trademark registration in his name for subsequent assignment of the
registration in the company's favour.

6. ● The selected mark should be capable of being represented graphically (that is in
the paper form).
● It should be capable of distinguishing the goods or services of one undertaking in
relation to which it is being used from those of others.
● It should be used or proposed to be used in relation to goods or services for the
purpose of indicating a connection in the course of trade between the goods or
services and some person having the right to use the mark with or without
revealing identity of that person.

7. ● Term of registration of a trademark is ten years, which may be renewed for a
further period of ten years on payment of prescribed renewal fees.
● However, non-usage of a registered trademark for a continuous period of five
years is a valid ground for cancellation of registration of such trademark at the
behest of any aggrieved party .
THE PROCEDURAL FORMS FOR TRADEMARK REGISTRATION :
The First Schedule to the Trademark Rules, 2002 prescribes the different procedural
forms and necessary amounts of fees required for all trademark-related transactions,
of which some examples have been given below :
 For filing new applications- There are prescribed forms depending on the nature
of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.

8.  To file a Notice of Opposition to oppose an application published in the
Trade Marks Journal- (FormTM-5).
 For Renewal of a Regd. Trademark- (Form TM-12).
 Surcharge for belated renewal - (Form -10)
 Restoration of removed mark - (Form TM-13)
 Application for rectification of a registered trade mark - (Form TM-26)
 Legal Certificate - (Form TM-46)
 Official search request for trademark - (Form TM-54)
 Preliminary advice of the Registrar as to the registrability of a mark - (Form
TM-55).
 Copyright search request and issuance of certificate - (Form TM-60)

9. ● Proprietorship concern: Full name and address of the proprietor and true copy of
identity and address proof.
● Partnership concern: Full name and address of all partners and true copy of
related documents.
● Company concern: full name and address of all directors and true copy of related
documents.
● If one has claimed that the proposed mark is used since before application in
another country, then evidence for such claim has to be provided .
● Label of the proposed Trade Mark (Standard Label size 9cm x 5 cm) has to be
provided

10. The exact cost involved in the registration of a trademark will depend on the
following variables:
● The number of trademarks one registers – (the name of the brand,
the company name, the business logo)
● The number of classes under which one registers each logo
● The course taken by the opposition process (i.e. the existence of
opposition, number of opponents and the number of replies filed, the
number of one month extensions sought over the maximum period, for
each step of the opposition process)
● The amount of lawyer’s fees for the filing process and the trademark
search.

11. If an application is for a single name or logo for goods or services under one
class only, then the application will cost around INR 10,000 as the fee
component for application, if one files for a
word mark (that is, comprising of text) and a graphic mark under two classes.
 INR 1000 for a counter-affidavit in reply to an opposition.
 INR 5000 to INR 15000 on the lawyer’s fees.
In addition to this, the trademark search, that is, the first step which is
conducted before filing the application, will cost around INR 500.
Hence, the approximate total cost ought to range between INR 16500 to
26500.