A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others,although trademarks used to identify services are usually called service marks.The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
Any individual – Indian National or Foreign National can easily register a trademark in India. The documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:• Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
The trademark registration fee varies between Rs.4500 to Rs.9500. For small enterprises, start-ups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide MSME registration certificate. Further, in addition to the MSME registration, the following details would be required.
In case of a partnership firm or LLP, the entrepreneur would have to submit the following:• Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.