What is Trademark


A trademark is a unique mark or sign that represents a business, and it is used to distinctively identify a company from another and build its credibility among consumers. It is always advised to register your brand Name to distinguish it services or products from other same goods or services which are made in different business.

What can Be Registered as a Trademark?

1. Name: The most important trademark is your Business Name, You must protect it immediately before someone else steals it.
2. Word: A word which is not being directly descriptive of the character or quality of the goods / service.
3. Numbers: Alphanumeric or Letters or numerals or any combination thereof.
4. Images: Image, symbol, monograms, 3-dimensional shapes, letters etc.
5. Sound: If a sound is unique to your business like the Airtel ring tone or ICICI jingle, then ensure to register it as Sound Mark.


Who can apply for Trademark?


A trademark application can be made by:
• Private firms.
• Individuals.
• Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
• NGO’s


Rietway Consultants Trademark Package


The Services which are included in our package are as Follows:
✅ Consultation for Brand Name
✅ Preparation of Trademark Application
✅Application Filing
✅Paying Government Fees


Documents Required for Trademark Filing


1. Proof of Applicant
2. PAN Card and Address Proof of Applicant
3. Certificate of registration (other than an Individual applicant)
4. Brand Name & Logo
5. MSME / Start-up Recognition
6. Proof of TM Use


Advantages of Trademark


1. Excellent Business Opportunity: A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.

2. Legal Protection: A registered trademark owner has the legal right in case of infringement i.e you have a doubt that your trademark is copied by someone else, you sue them for copying your logo, brand, name or slogan.

3. Get unique Identity: Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.

4. Exclusive Protection: The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.

5. Protect the Commercial Goodwill A trademark’s registered owner has the power to build, secure and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement.


Trademark Filing Procedure


Step -1 Arrange all Required Documents: The first step is to arrange all the documents and send the same over the email / WhatsApp to us. Once all the Documents are Received, we will Start the Further Process.
Step -2 Trademark Search: The Next Step is to make sure that unique name is available.
Step-3: Trademark Class : The Next Step is Selection of Appropriate Class of Trademark.
Step-4: Filing of Application: The Next Step is Submission of Application at Department.


FAQ on Trademark


Q1 What is trademark search and How to do it?
A trademark is registered by the registrar of trademarks only if it is unique and is not same or similar to any existing brand. The database of all registered and applied trademarks is available for public search. The applicant must search for an identical mark in the appropriate class of the TM.

Q2 What is the meaning of TM or (R) sign?
The sign "TM", the TM Symbol is normally affixed to the right top corner of the mark, to represent its status as a trademark for registration of which an application has is filed. The sign " (R) is used after registration certificate of the trademark is issued. You must have noticed (R) and TM Marks on LOGO or nameplate of many companies.
"TM" - It is used when an application for Brand Registration, Trademark Registration, Logo Registration, Punchline Registration is filed.
"(R)" - This symbol is used when the Trademark Office issues the certificate of trademark registration.

Q3 What is the government fee for filing a trademark application?
The government fee for filing a trademark in India varies based on the type of the applicant. following the current slab of the government fee:
For Individual and HUF - Rs 4500/-
For Registered Startup under Startup India Initiative and MSME -Rs 4500/-
For all other applicants like companies/LLP etc. - Rs 9000/-

Q4 What are the different stages through which a trademark registration application has to go through?
Trademark registration is a long-term process, which differs on the merits of each case. In some case merely applying to the trademark registry is sufficient, while in some cases it is contested by the department or third parties.

Q5 what is the Validity of Trademark Registration?
The Registered Trademark is Valid for only 10 years from the date of filing of Trademark Application.