Trade Mark Registration Documents List

Trade Mark Registration Documents List

1. Name of the Brand name/ Mark;

2. Logo if any (Please attach in JPEG format);

3. Trade description of Goods/Services

4. PAN of the Individual/ Company/ Firm/ LLP/ Trust

5. Aadhaar of the Individual or Authorised Signatory of Company/ Firm/ LLP/ Trust

6. PAN of Authorised Signatory of Company/ Firm/ LLP/ Trust

7. Passport Size Photo of Individual or Authorised Signatory of Company/ Firm/ LLP/    Trust 

8. Signature image of the Individual or Authorised Signatory of Company/ Firm/ LLP/    Trust

  

Please Note: The date of first use of the mark and the exact description is of vital importance. In the event you provide a past date as the date of first use,

Please be aware that the TM registry may seek proof of such claimed use, failing which the mark may be rejected. Finally, in the event you seek to use the mark upon filing, please note that the mark will be filed as proposed to be used.

Charges & Timeline

The fee structure for filing a Trademark application is as below:

1. If the Applicant is an Individual: Government Fee - Rs.4,500 per application, per class;

2. If Applicant is Partnership firm / Company with Udhyog Aadhar Registration / SSI Certificate: Government Fee - Rs.4,500 per application, per class; and

3.  If Applicant is Partnership firm / Company without Udhyog Aadhar Registration/SSI Certificate: Government Fee - Rs.9,000 per application, per class.

After applying for trademark registration it will be checked by the Trademark Authority for any objection and if department make acceptance it will be published in trademark journal for third party opposition/ objection (if any)

 

OPPOSITION OF TRADEMARK PROCESS

Once the notice of opposition is received, a reply to the notice has to be filed within a period of two months of receipt, failing which the trade mark may be treated as abandoned. The reply to the notice of opposition is done by way of filing of a 'counter statement'. The broad steps are as below: 

Step 1: Filing of Counter Statement (within 2 months of receipt of notice of opposition)

Step 2: Filing of evidences to support counter statement

Step 3: If TM registry requests, a Rejoinder needs to be filed

Step 4: If TM Registry requires, hearing proceedings shall be held to determine the opposition. 

The professional fees involved in each step are as below

Counter Statement: Rs /- *

Affidavit / Evidence: Rs /- *

Rejoinder: Rs /- *

Hearings: A local lawyer will have to be hired who represents you before the registry. Naturally, the fees involved would depend on the caliber and experience of the lawyer in question. 

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* Subject to applicable tax

In addition, govt fee of Rs. 2,700 applies to each stage. 

Next Steps

To proceed with the counter statement, kindly send across the following information: 

1. A detailed write up on the company

2. The products associated with the brand

3. Details of first use, manner in which the brand has been used, promotional materials, etc. 

4. Intended use of the product

5. The market presence of the brand - territories / geographies where it exists

6. Complete details of all promotional activities on the brands including the date of the promotional campaign (Launch / TV ads / Online ads, etc)

7. A description on differences on the products in question - Between this product and the one associated with the mark that is claimed as being infringed - in brief

All the above should be substantiated with proper bills and invoices - which will be sought at a later date - during filing of evidence.

For Trade Mark Registration/ Consultation can direct call/ whatsapp us at +91 9210599295

You can also Email us at amitaggarwal100@gmail.com or taxationsolutionshub@gmail.com