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The specific requirements for copyright registration may vary depending on the jurisdiction, but generally, the following are the minimum requirements:
Original Work: The work must be original and fixed in a tangible form, such as written, recorded, or saved in a digital format.
Authorship: The author or creator of the work must be identified.
Title: The work should have a title or name by which it can be identified.
Copyrightable Content: The work must contain copyrightable content, such as literary, artistic, musical, or other creative elements.
Application Form: The applicant must complete the required copyright registration application form, providing accurate information about the work and the author(s).
Fee: Payment of the required registration fee.
Price Breakdown Documents Required Timelines
Only scanned copies of these documents are required
You can upload the documents online
A TM registration acknowledgement slip with payment details
A stamped copy of form TM-A bearing application number
You get a thorough Search Report for your Brand
Submit all your documents online
We file your Trademark within 24 Hours
We track your application and guide you for the complete process
India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; first 34 classes include goods and rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.
TM registration under a particular class prevents others from registering the same mark in the same class. The need for trademark classification is:
Trademark symbol ‘TM‘ is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol ‘R’ signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing of TM Application.
Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in case of well-known marks. You cannot apply for the existing well-known name even for the different class. This trademark will have a high probability of getting objected.
Trademark, copyright and patent are the types of intellectual property in India. Although all types of intellectual property are very different, but people often confuse among them.
Trademark is an exclusive right for a distinguished word, sign, design, symbol or a device used in the trade of goods and services. Different types of trademarks are available in India.
Copyright is a protection extended to original work of authorship; the scope includes musical, literary, artistic work either published or unpublished.
Patent is a grant of an exclusive right to the inventor to protect their invention for a limited time duration.
Registration of Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trade mark provides you with the legal protection in the event of any infringement arises.
It’s not mandatory requirement to hire an attorney. You can initiate a trademark application process on your own through the ipindia online portal or by visiting patent and trademark office in India. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for legal trademark advice makes the application 50% more likely to register.
A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.
Comprehensive trademark search is a formal search which gives the legal opinion regarding the risks you may face while registering your trademark.
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
You can search the online trademark database to check the availability of the desired trademark. QuickCompany Search bar and ipindia are the most commonly used platform for free trademark search.
Who can obtain a trademark is depend on the applicant type:
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.
No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.
There are numerous advantages to registering the brand name:
