Trademark Registration in India with Ebizfiling  

Introduction

At Ebizfiling, we simplify the process of trademark registration in India for startups, business owners, and growing brands. A trademark protects your brand identity and gives you exclusive legal rights over your name, logo, or symbol.

Our team ensures that your trademark application is filed correctly, monitored at every stage, and handled in compliance with the Trade Marks Act and ministry guidelines.

From identifying the correct trademark class to filing the application and guiding you through objections, if any, Ebizfiling supports you throughout the journey.

Here is everything you need to know before you register a trademark in India with us.

Important Notes Before Filing Trademark Registration

1. The trademark registration application included in this package is for “Proposed to be Used.”
2. Based on the nature of your business, we will suggest the appropriate Trademark Classes for your wordmark or logo.
3. If the applicant is a Company, Partnership, or LLP, it is advisable to have an SSI/MSME certificate in the name of respective entity. This helps in saving up to 50% of government fees.
4. MSME certificate charges are not included in the quoted package.
5. Stamping and Notary will be required in this service, we shall not be able to extend our support for the same as your physical presence would be required.
6. The government fees for trademark registration application is not included in the package. It is to be payable by the client at actuals.
7. If you already have documents proving prior usage of the wordmark or logo, a user affidavit must be submitted. Charges for the user affidavit are not included in the package.
8. If the ministry issues an Examination Report, we will draft and file the reply at a nominal additional cost.
9. The Trademark Registration Application will not be applied if the wordmark/logo have any common words or have more than one language. Kindly ensure to provide word mark/logo of any one language, and they should not be common words.
10. We charge stage wise only, and charges included in this package are towards trademark registration application, and if it goes through any further stages, the same will be charged accordingly.
11. The Trademark registration applications go through a long process, and there are various stages involved. There may or may not be a query at any stage, and we only charge if there is any query so that the client doesn’t end up paying extra.
12. After making an application there are chances that objection may be raised by the department in case there are resembling trademarks already filed with the ministry or some general words are used in the Trademark. This is because the trademark ministry verifies the application by every angle and registration of trademark is totally dependent on trademark ministry. Hence, the application shall also go through the regular process and might be objected, and accordingly we will move ahead. There is a 50% chance that trademark will be registered.
13. Once the application is filed, it goes through several stages before registration. Opting for our Trademark Watch service helps ensure your trademark does not get abandoned due to missed compliance.
14. If you have not provided your brand name or wish to change it before filing, please ensure to obtain a search report from your Relationship Manager before proceeding. This helps assess registration chances.
15. A Trademark Application Checklist will be shared with you. Please complete and return it so that we can conduct the trademark search and verify class applicability based on your business.

Information and Documents Required for Trademark Registration

1. SSI/MSME certificate – In case of Company/Partnership/LLP
2. Start up India certificate – If it’s a new start up
3. POA (will be provided by us for the signature of authorized signatory)
4. Affidavit (if applicable, will be provided by us for the signature of authorized signatory)
5. COI, MOA & AOA – In case of Company
6. Partnership/LLP deed – In case of partnership or LLP
7. PAN Card of all entities (Mandatory)
8. PAN card & Aadhaar card of the Directors/Designated Partners/Partners
9. Voter ID/Passport of the Directors/Designated Partners/Partners

Supporting document to prove usage for Trademark/Brand Name/Logo already in use –

Please provide us the following documents:

• Invoices/Bills of a particular date with the brand name/logo mentioned on it which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant.
• Any other supporting documents/details showing the distinctiveness of the trademark and showing usage of the trademark. – Examples below
  • Advertisement expenditure invoices and details broken in to different categories like television, radio, newspapers, trade magazines, etc. with period of Advertisement
  • Any newspaper/magazine advertisement (unedited)
  • Sales turnover figures for a particular period and at least one invoice per month for a particular period of usage
  • Brochures, Price Lists, Label (Sticker)
  • Domain Names & Website print screen taken from a computer. It should be unedited – i.e. as it comes when you press “print screen” command.
  • Print screen of social media pages (Facebook/Instagram/LinkedIn/Twitter) (unedited)
  • Any other details/documents that you may provide showing usage of brand name/logo along with date

For your reference and clarity, we have attached a flowchart in Trademark Registration Process showing various stages of Trademark Registration Application well notified by the ministry.