Overview

Trademark is a unique sign, symbol, word, design or expression which is used to distinguish goods and services of one person from those of the other. In other words, trademark is the identity of source of origin of a product or service. A word, logo, packaging, sound and shape of goods are recognized by the Indian trademarks system. In India, trademarks are governed by The Trademarks Act, 1999 and The Trademarks Rules, 2017.

Filing and Prosecution

Filing a trademark application with proper applicant and in proper class is very important for building a strong trademark portfolio. It is also important to cover the different aspects of the mark properly. We represent our client in filing and prosecuting their trademark applications providing all information accurately to build the strongest portfolio for our client. We also strictly adhere to all the procedural requirements and office actions by replying the examination reports and attending hearing on behalf of our clients.

We also facilitate trademark registration in foreign countries through our foreign associates.

Oppositions and Rectifications

A trademark can be challenged before and after registration through oppositions and rectifications. We deal with such complex contentious issues and provide our best to defend such challenges securing the interest of our client at the best.

We also prepare and file oppositions and rectifications for our clients.

Brand Development and Risk Mitigation

The launch of a new brand and brand building in the Indian market is a complex affair. We provide a comprehensive legal assessment of all foreseeable risks to our clients and help them in implementing their brand development successfully. We also work with our clients in planning and execution of risk mitigation.

Brand Enforcement

Registered trademark only confers the exclusive right to use the mark. It is proprietor’s duty to keep an eye on infringement on products or services sold under the identical or deceptively similar mark. We ensure effective enforcement of trademark rights of our client through suitable pre-litigation measures. We also ensure effective enforcement through obtaining favorable injunctions orders where the pre-litigation measures would not suffice.

Litigation

We have a team of dynamic lawyers having comprehensive experience in trademark law to represent our clients before all level of courts (District Courts, High Courts and the Supreme Court) and various tribunals for safeguarding the interest of our clients.

Who Needs to Register for GST?

GST registration is required for:

1. Businesses Based on Turnover

Businesses with yearly sales over ₹40 lakhs (₹20 lakhs for special category states).

Service providers with yearly earnings above ₹20 lakhs (₹10 lakhs for special category states).

2. Inter-State Suppliers

Anyone supplying goods or services across state borders.

3. Casual Taxable Persons

Individuals or businesses making occasional taxable supplies.

4. Reverse Charge Mechanism

Businesses responsible for paying tax under the reverse charge system.

5. E-commerce Involvement

Online platforms or aggregators.

Suppliers selling goods or services via e-commerce platforms.

6. Non-Resident Taxable Persons

Foreign individuals or businesses supplying taxable goods or services in India.

7. Agents and Distributors

Agents selling goods/services on behalf of suppliers.

Distributors of input services.

8. Previously Registered Businesses

Businesses registered under older tax systems like VAT, Excise, or Service Tax.

9. Online Service Providers

Entities providing digital services from outside India to customers in India.

Exemptions:

Businesses dealing only in GST-exempt goods or services don’t need to register.

Penalty for Not Registering for GST

Failing to register for GST can result in penalties:

1. Non-Payment or Underpayment

A penalty of 10% of the unpaid tax is charged, with a minimum of ₹10,000.

While GST registration itself is free, non-compliance can lead to significant fines.

2. Intentional Tax Evasion

If taxes are deliberately evaded, the penalty is 100% of the evaded tax amount.

Ensuring timely GST registration and compliance helps avoid these hefty penalties.

To start the GST registration process, we’ll need the following details:

Sole Proprietor / Individual

  • PAN card of the owner
  • Aadhar card of the owner
  • Photograph of the owner (in JPEG format, maximum size 100 KB)
  • Bank account details*
  • Address proof*

LLP and Partnership Firms

  • PAN card of all partners (including managing partner and authorised signatory)
  • Copy of partnership deed
  • Photograph of all partners and authorised signatories (in JPEG format, maximum size 100 KB)
  • Address proof of partners (Passport, driving license, Voters identity card, Aadhar card etc.)
  • Aadhar card of authorised signatory
  • Proof of appointment of authorised signatory
  • In the case of LLP, registration certificate / Board resolution of LLP
  • Bank account details*
  • Address proof of principal place of business

HUF

  • PAN card of HUF
  • PAN card and Aadhar card of Karta
  • Photograph of the owner (in JPEG format, maximum size 100 KB)
  • Bank account details
  • Address proof of principal place of business

Company (Public and Private) (Indian and foreign)

  • PAN card of the Company
  • Certificate of incorporation given by Ministry of Corporate Affairs
  • Memorandum of Association / Articles of Association
  • PAN card and Aadhar card of authorised signatory. The authorised signatory must be an Indian, even in case of foreign companies/branch registration
  • PAN card and address proof of all directors of the Company
  • Photograph of all directors and authorised signatory (in JPEG format, maximum size 100 KB)
  • Board resolution appointing authorised signatory / Any other proof of appointment of authorised signatory (in JPEG format / PDF format, maximum size 100 KB)
  • Bank account details
  • Address proof of principal place of business

Trademark registration fees, cost and charges 

Trademark registration fees can differ based on whether you’re an individual or a company, how you submit your application (online or offline), and how many categories of goods or services you’re registering. Typically, costs cover:
 

Government Fee: This is the fee charged by the government for processing your trademark application.

Professional Fees: Fees for trademark experts or consultants start from Rs.999.

Frequently Asked Questions

What is a trademark?
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Why should I trademark my website name or logo?
Trademarking your website name or logo provides legal protection, preventing others from using similar marks that could confuse consumers.
How do I know if my website name or logo can be trademarked?
Generally, your website name or logo can be trademarked if it is unique and not already in use by someone else in a similar context.
What's the difference between ™ and ®?
Using ™ indicates that you claim rights to the mark, but it's not registered with the government. ® indicates a registered trademark, offering stronger legal protection.
Do I need a lawyer to trademark my website name or logo?
While it's possible to file a trademark application yourself, consulting with a trademark attorney can ensure proper filing and increase the likelihood of approval.
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