Loading...

Trademark Registration Services

XLRATE CORPORATE CONSULTANCY LLP · Jammu

Back to All Services

Trademark Registration & Brand Protection Services

Protect your brand identity, secure exclusive legal ownership of your business assets, and build enforceable intellectual property (IP) equity. We manage the end-to-end trademark registration lifecycle under the Trademarks Act, 1999—from comprehensive prior-art search and NICE class classification to trademark filing, examination response drafting, and opposition management before the Controller General of Patents, Designs, and Trademarks (CGPDTM).

Core Intellectual Property Offerings

1. Trademark Search & Availability Audit

  • NICE Classification Mapping: Categorizing goods and services across 45 statutory classes (Classes 1–34 for products, Classes 35–45 for services).

  • Phonetic & Visual Conflict Analysis: Deep-dive search across the official IP India public database to identify identical, phonetically similar, or visually conflicting registered marks and pending applications.

  • Risk & Registrability Assessment: Evaluation of mark strength (fanciful, arbitrary, suggestive, descriptive, or generic) to minimize risk of section-based refusals (Section 9 and Section 11 relative grounds).

2. Application Filing & Prosecution

  • TM-A Filing: Drafting and filing trademark applications (word marks, device marks/logos, taglines, series marks, or 3D shape marks).

  • User Affidavit & Use Claim (Form TM-A): Preparing user affidavits with documentary proof to claim prior usage ("used since" date) for established brands.

  • International Trademark Registration: Facilitating global trademark protection for expanding businesses under the Madrid Protocol framework.

3. Objection Handling & Office Actions

  • Reply to Examination Reports: Formulating legal replies addressing Section 9 (lack of distinctiveness) and Section 11 (similarity to existing marks) objections raised by the Trademark Registry within 30 days.

  • Hearing Representation: Show-cause hearing representation before the Registrar of Trademarks by experienced IP practitioners.

4. Trademark Maintenance & Enforcement

  • Journal Monitoring & Watch Services: Tracking the weekly Trademark Journal to identify third-party infringement attempts or unauthorized trademark filings.

  • Opposition & Rectification Proceedings: Filing or defending Opposition Notices (Form TM-O) during the 4-month journal advertisement window.

  • Trademark Renewal (TM-R): Timely renewal filings every 10 years to maintain indefinite brand ownership.

Step-by-Step Registration & Prosecution Workflow

1.Trademark Search & Class Selection:Diagnostic Phase (1 Day).

Conduct a comprehensive clearance search across relevant NICE classes. Select mark type (Wordmark vs. Logo) and finalize the user claim strategy.

2.TM-A Filing & ™ Usage:Official Submission (1-2 Days).

File Form TM-A with the Trademark Registry. Immediate generation of Application Number allowing legal use of the ™ symbol alongside the brand.

3.Examination Report & Response:Registry Scrutiny (1-3 Months).

The Registry reviews the mark. If objections (Section 9/11) are raised, draft and submit a legal response within the statutory 30-day timeline.

4.Journal Advertisement & Opposition Window:Public Notice (4 Months).

Upon approval, the mark is advertised in the official Trademark Journal for 4 months to allow public opposition. If unopposed, the mark moves to registration.

5.Certificate Issuance & ® Usage:Final Asset (1 Month).

Issue of the official Trademark Registration Certificate. The brand transitions from ™ to the legally protected ® symbol (valid for 10 years).

Government Fee Structure & Statutory Timelines

Category Applicant Type Government Fee (per mark/class) Professional Scope & Process
Discounted / Small Entity Individuals, Startups (DPIIT), MSME/Udyam holders ₹4,500 Requires Udyam or DPIIT recognition certificate for 50% fee rebate.
Standard / Corporate Companies (Pvt Ltd, Public), LLPs, Partnerships, Foreign Entities ₹9,000 Applies to all corporate bodies without MSME registration.
Objection Reply (TM-MISC) All Entities Statutory / Portal Fees Required when an Examination Report is issued by the Examiner.
Renewal (TM-R) All Entities ₹9,000 Filed every 10 years within 6 months prior to expiry.

Mandatory Document Checklist for Trademark Filing

  • Applicant Identity & Address Proof:

    • Self-attested PAN Card and Aadhaar/Passport (for Individual applicants).

    • Certificate of Incorporation / Partnership Deed / LLP Agreement (for legal entities).

  • Entity Status Proof (For 50% Govt Fee Subsidy):

    • Udyam / MSME Registration Certificate or DPIIT Startup Recognition Certificate.

  • Brand Assets:

    • Soft copy of Logo / Mark in high resolution (JPEG/PNG).

    • Exact wording of taglines or brand name.

  • Prior Usage Evidence (If claiming prior usage):

    • Invoices, tax returns, domain purchase receipts, social media launch dates, or promotional material bearing the mark with the earliest date.

  • Authorization Document:

    • Executed Power of Attorney (Form TM-M) authorizing the practicing professional to represent the applicant before the Registry.

Enquire on WhatsApp Contact Us
--- visitors