Trademark Registration Near Me: Where to Apply and What to Expect

A trademark registration helps to protect a brand and creates a strong brand identity. However, many entrepreneurs are searching for “trademark registration near me” for their brand. Any small shop, an online business, or a growing company needs a valid registered trademark. A valid registration gives official protection, exclusive rights and brand credibility for the business. In this piece of writing, you will get step-by-step guidance on the process of trademark registration and more.  

What is Trademark Registration?

A trademark is a distinct mark that helps people to easily identify a brand in a marketplace, which is different from others. A valid trademark serves as a brand identifier for customers. This helps prevent confusion when they identify a brand. A trademark registration is the process of giving protection to a unique brand name, logo, symbol, or slogan. A trademark owner has the exclusive right to continue use of the mark. You can use the “R” symbol after registering a trademark. A trademark is regulated by the Trade Marks Act, 1999, in India. The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce & Industry manages this registration.

Types of Trademark Registration

Here are the main types of trademark registration:

Colour mark

A colour mark have a specific colour or a combination of colours that is different from others. This mark is used to identify the origin of goods or services. For example, Cadbury's Purple (Pantone 2685C), which is used for chocolate wrappers. It is recognised in the UK and India. Another example can be the Tiffany blue colour, which is owned by Tiffany & Co.

Device Mark

A device mark is a mark that uses a graphic design, image, or symbol compared to words. In simple words, it is a figurative mark or logo mark. It consists of visual elements such as logos, monograms, or specific designs. This kind of mark allows people to protect the trademark with its specific design.  For example, the Apple logo, the half-bitten apple silhouette, which is used independently or with the word “Apple”.

Certification Mark

A Certification Mark means a mark which used to certify that a product or service meets certain standards regarding its origin, material, quality, method of manufacture, or other defined characteristics. It is issued by an authorised proprietor, which means the certifying body. This mark is used by other traders whose goods or services comply with the specified standards. For example, the FSSAI Logo, which is issued by the Food Safety and Standards Authority of India. It certifies the Safety and hygiene of food products.

Word Mark

A Wordmark refers to a text, phrase, letters, or numerals of a mark used by a brand. It can include company names, product names, and so on. For example, the name of a “Coca-Cola” specifies the word itself. It is generally used to protect the word of a brand. Thus, a word mark is the most common type among the different types of trademarks.

Sound Mark

A Sound mark is a mark that refers to a distinct sound related to the products or services of a brand from suppliers. It is used to identify the source of products or services through sound. This helps customers to easily identify the products or services by listening to their sound. For example, the famous five-note “Intel Inside” chime. Registered globally.

Pattern Mark

A 2D Pattern Mark is a kind of mark to represent the unique patterns of a specific brand. It is used to identify the source of a brand. This mark helps to protect the patterns of a brand. You can easily recognise the brand with its exceptional design. For Example, the unique design pattern on certain Louis Vuitton bags.

Shape Mark

A 3D Shape Mark is mainly used to protect the unique and distinct shape of the product. It allows customers to identify and purchase the products on the basis of shape. For example, the triangular shape of a Toblerone chocolate bar. 

Collective Mark

A Collective mark represents both the products and services of a particular group. A group or association used it to protect goods or services. 

Who Needs Trademark Registration?

Many people search for “trademark registration near me" to know who can apply for a particular trademark and secure its protection.

Listed below are the categories that need trademark registration:

Individual

Any individual can apply for a trademark to secure a word, symbol, or logo which they intend to use. There is no need to run a business or any commercial activity for filing an application. Once the trademark application gets approved, they will get the right to use the mark.

Proprietorship Firm

In India, a proprietorship can apply for a trademark registration in the name of the owner. As a trademark applicant, you cannot apply just by using the business name for it. The official registration consists of the name of the proprietor along with a business name, but each is treated separately.

Partnership Firm

A trademark application should contain the names of all partners in a firm with up to 10 members. If a partner is a minor, a guardian is required to represent the minor.

Trust

A registered trust can also apply for trademark registration in Agra if it uses a brand name for its particular goods or services. The names of all the trustees need to be included when filing. When it gets registered, the trademark may be owned by the trust. Once a trademark is registered, the trust can own the trademark. They can further use it for their various activities, services, or even publications.

Hindu Undivided Family (HUF)

A Hindu Undivided Family (HUF) is recognised for taxation, and also a “separate legal entity” but not like a company. All family members will be included, directly descended from a common ancestor. Karta, acts as the head and decision maker and manages the family business and assets. The application must mention the HUF, along with the details of its Karta and members, as an applicant. Trademark registration helps to secure its brand name, logo, its goodwill, and creates a valuable family-owned intellectual property. It also helps in legally defending against imitators and supports online and global expansion. 

Society

A society is eligible to register a trademark for its name, symbol, or service. The application should specify the identities of important office bearers, like names and designations of office bearers. The trademark helps the group to establish an identity and prevent misuse of its brand in public spaces or events.

One Person Company (OPC)

A One Person Company means a registered business which is owned by an individual. It is eligible to get registered for the trademark in the name of the company, but not in the owner's name. Once a trademark becomes registered, it becomes the property of OPC. Then, the owner of such a company can manage and use it for business activities through the company.

Public or Private Limited Company (PVT)

A Private or Public Limited Company can apply for a trademark in the name of the company. When a trademark is registered, its brand identity, products, services, and overall business operations remain protected.

Limited Liability Partnership (LLP)

An LLP has its legal identity. In case of a trademark, it can be applied only in the name of the LLP and not in the names of partners. The rights belong to the LLP only.Each partner maintains an individual identity. So, partners do not hold personal ownership of the trademark. 

Where to Apply for Trademark Registration Near Me?

You can apply for “trademark registration near me” online through the official IP India Portal. In case of offline, you need to file it in person at the regional trademark offices.

Documents Required for Trademark Registration

Below are the key documents required for trademark registration:

1. ID and Address proof of the applicant, which includes an Aadhaar card, PAN card, Passport, utility bill, bank statement, Voter ID, etc.
2. Form TM-A, which means Trademark application form
3. Business Proof that includes Certificate of Incorporation or Partnership Deed (for firms).
4. Trademark Image: A Clear JPEG image of the logo/wordmark.
5. TM-48 which means Power of Attorney (if applicable).
6. MSME Certificate (if applicable)
7. A user affidavit is required if the trademark is already being used.

What Is the Process for Trademark Registration Near Me?

Many people usually search for “trademark registration near me” to secure their brand locally or nearby. So, listed below are the steps for trademark registration:

Step 1: Conduct a Trademark Search

In the first step, you must conduct a trademark search before applying for registration to avoid rejection or disputes. This step allows you to check if your name or logo is not similar to an existing mark. You can check it on the Public Search tool from the IP India portal. A trademark search will provide the relevant information about already filed similar trademarks in the Trademark Registry.

Step 2: Determine the Appropriate Trademark Class

Trademark is classified into 45 classesunder the Nice Classification system for goods and services. You must select the correct trademark class from the official classification list as per your needs. Selecting a correct trademark class helps to avoid rejection, complications, or approval delays.

Step 3: File the Trademark Application (Form TM-A)

As an applicant, you must collect all your required documents as mentioned above before applying for a trademark. Then, you have to fill out and submit the TM-A form for “trademark registration near me" with the required details. You can submit it online on the official portal of IP India or at the nearest Trademark Registry Office.  

Step 4: Examination by the Trademark Office

Once you submit your trademark application, the Trademark Office will review it. The examiner check that the trademark is not similar to any other mark, and all the documents submitted are verified. Then, your application will proceed to the next step if it meets all the requirements. In case of the registrar finds any issues, the application will be put on hold, and you will be informed.

Step 5: Objection by the Registrar

If any issues are found by the registrar, they may raise an objection. This can occur if the mark is similar with an existing mark or if it uses a generic name. A formal objection can be raised under Section 9 or 11 of the Trademarks Act. The notice also includes the hearing date. If you receive this notice, it does not mean rejection.  It means you need to correct the mistakes in the application if they appear.

Step 6: Replying to the objections

Once you get an objection, you must reply to it within 30 days of receiving it. You must give clear explanations, valid supporting documents, and strong reasons while replying to it. A reply should be well-drafted to resolve objections and avoid unnecessary delays in the process. Once the registrar finds your response satisfactory, the application will proceed to the next stage. In case of failing to reply on time, your application may be put on hold, which can affect approval.

Step 7: Publication in the Trademark Journal

When the registrar accepts your trademark application, it will be published in the Trademark Journal for four months. Then, your trademark is displayed to the public. Any person or business can raise opposition during this time against a trademark after the publication.

Step 8: Opposition Notice and Reply

If any person or business opposes your trademark registration, they must file a notice of opposition. You will be get informed about it from the registrar. Then, you need to respond to the notice within 2 months and attach supporting documents to support your claim.

Step 9: Hearing of Opposition

If the opposition continues after your reply, the registrar schedules a hearing date and tells both parties about it. Both sides are required to present their arguments in the hearing. The registrar reviews your counterstatement. If it is valid and convincing, your application will proceed to the next stage of the trademark registration process.

Step 10: Registration and certificate issuance

Once your trademark gets approved by the registrar. You will get an official Trademark Registration Certificate. The registration is valid for ten years from the application date. You must renew the trademark every ten years to maintain exclusive ownership and protection. 

Benefits of Trademark Registration Near Me

There are several benefits of “trademark registration near me”. Here they are:

Exclusive Rights

An owner of the trademark has the exclusive right to use the registered trademark. You can take strict action against unauthorised use and infringement of your mark. It means if anyone wants to use your mark without taking permission, you can easily protect it.

Brand Awareness and value

A valid trademark helps customers to identify the products or services of a specific brand from others. When a trademark is registered, you will be able to maintain brand recognition and trust in the market.

Build Goodwill and trust

A registered trademark helps to establish goodwill and trust in a brand. It creates regular loyal customers to identify the products or services of a particular brand within the market. It also helps to maintain the brand image in the market.

Differentiate products or Services from others

A registered trademark differentiates the products and services from its competitors. So, that customer can easily identify a product or service by its brand. It also maintain brand identity to comply with market requirements. It means, a unique brand attracts customers and prevents their confusion while choosing a product or service.

Creation of an Intangible Asset

A trademark creates a unique brand identity for the creation of an intangible asset. A registered trademark gives you the right to sell, assign, or franchise to use it. It also contributes a valuable source of income from its intellectual property.

Usage of "R" Symbol

Once a trademark is registered, the trademark owner has the right to use the “R” symbol on the logo. It specifies that others cannot use the mark without the authorized permission.

Protection for 10 Years

A registered trademark protects the mark from infringement by preventing others from using a similar mark for 10 years. It helps to maintain the brand identity and brand image in the market. It also helps to maintain the cost-effectiveness of the brand in a business.

Trademark Registration Cost

Below is the table outlining the trademark registration cost

Conclusion

Therefore, it is important to secure a brand with proper steps. A proper trademark registration ensure you to protect the brand. Also build customer trust and gain brand’s goodwill. You can file a trademark application online through the official IP India portal or the nearest Trademark Registry office. If you need any type of assistance about it, contact Online Legal India.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.

FAQ

Q1. Can I apply for trademark registration near me?

Yes, you can apply for “trademark registration near me” online through the official IP India portal or by visiting your local trademark office. Both these options will help you to register your trademark.

Q2. What documents are required for trademark registration?

The key documents are required for trademark registration are Form TM-A (Trademark Application Form), ID and Address proof of the applicant, Certificate of Incorporation or Partnership Deed (for firms), trademark Image, TM-48 (Power of Attorney) if applicable, Udyog Aadhaar or MSME Certificate (if required), and a user affidavit (if the trademark is already being used).

Q3. How much does trademark registration cost?

As per IP India (CGPDTM), the applicable government fee is:

1. Rs. 4,500 for e-filing and 5000 for physical filing per application for individuals, startups, and MSMEs.
2. Rs. 9,000 for e-filing and Rs. 10,000 for physical filing per application for companies and large enterprises.

Q4. What are the benefits of trademark registration near me?

The benefits of trademark registration is that it gives legal protection, builds customer trust, prevents infringement, and so on.

Q5. What is the validity of a trademark after registration?

The trademark remains valid for 10 years after registration.