A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
Trademark Registration Process
Step 1: Trademark Registration
You can apply for your trademark registration in 30 Minutes.
Step 2: Application Preparation
Our Trademark Expert will prepare the trademark application for your business based on your requirements and information. We will prepare your application based on the information provided.
Step 3: Trademark Filing
Once, the trademark application is prepared and signed by you, we can file it with the Trademark Registrar immediately. Once, the application is filed with the Registrar you can start using the TM symbol.
Step 4: Trademark Registration
Once the trademark application is filed with the Registrar, the Government processing will start.
Frequently Ask Questions (FAQs)
|1||What can be registered as a trademark?|
|Any word, name, device, label, numerals or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.|
|2||What trademarks are NOT registerable?|
|Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.|
|3||Will my trademark registration be valid for all types of services and goods?|
|Trademark registrations are distinctive to the goods or services it is represents. Therefore, trademark registration are made under a “Class” of goods or service it represents. The trademark registration will therefore be valid for the entire class of goods or service it represents.|
|4||What is a trademark class?|
|To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.|
|5||Will my trademark registration be valid across the world?|
|No, trademark registered in India will be valid only in India. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.|
|6||Can a foreigner or a foreign entity apply for trademark registration in India?|
|Yes, a foreign person or a foreign entity can apply for trademark registration in India.|
|7||Who can apply for trademark registration?|
|Any person claiming to be the owner of the trademark used or proposed to be used can apply for trademark registration. The person can be an individual, company, NGO, etc.,|
|8||What are the documents required for trademark registration?|
|A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.|
|9||How long will it take to obtain trademark registration?|
|Trademark application can be filed with the trademark registry in a matter of days. However, it will typically take 8 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.|
|10||When can I use the TM mark?|
|The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.|
|11||When can I use the ® mark?|
|The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.|
|12||How long is the trademark registration valid for?|
|Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark registration current.|
|13||How can a registered trademark be protected?|
|In case there is infringement on a registered trademark, there are several ways to stop it or sue for damages. A legal suit can be filed in a District Court where infringement has occurred or arbitration proceedings can be initiated or other legal measures can be initiated to stop the trademark infringement.|
|14||Can I sell or transfer a registered trademark?|
|A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc., Trademark registration gives the owner of the trademark ownership over the trademark and any person wishing to use the trademark must obtain the registered trademark owners consent.|
Advantages Of Trademark Registration
Legal Protection Separate Legal Entity:
Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection is not enforceable for trademarks that are not registered.
Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
Creation of Asset:
Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
Trust or Goodwill:
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
Global Trademark Registration:
A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
Makes Trademark Known:
A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.
- Trademark Registration