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FAQ's on Trademark Registration for Proprietorship
A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receiving ? Application number you can start using ? .
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.
Getting trademark registered has a number of business benefits such as
Register your brand to get exclusive right on it.
Protect your brand like other assets and belongings of your company.
It will help you to protect your hard earn goodwill in business.
You can stop others from promoting same brand in same industry of business.
It will give you nation-wide protection for your trade.
The Nice Classification (NCL) is an international system used to classify goods and services for the purposes of the registration of marks. It has total 45 classes (1-34 for products and 35-45 for services).
Yes, one can register a trademark before even starting a business.
No. Trademark is territorial in nature that means if you get trademark in India then it will be valid for India only.
The registered trademark is valid for 10 years from the date of filing of application. The trademark can be renewed further.
Symbol "TM" can be used after filing of trademark application. "R' should be used only after registration of trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Trademark registrations are distinctive to the goods or services they represent. The registrations are product/service specific and 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.
The government fees for trademark registration is Rs.9000 per application per class for company. The government fees for trademark registration is Rs.4500 per application per class for individual.
Yes, the authorities mandate it for applicants to verify all the documents they submit including the application for trademark regsitartion using a Class III Digital signature. Our experts will help you e-verify the documents.
Any individual/proprietor/business can apply for a trademark. In order to apply for a trademark any business/proprietor may in writing in prescribed manner for registration make an application to the Indian Patent Office.
The application should contain the trademark, the nature of goods/services, name and address of the applicant, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The trademark application can be submitted in-person at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.
A trademark registration has a numerous business benefits, some of which are as follows:
1.When you register your trademark you get exclusive rights on its usage.
2.You can protect your trademark like any other asset or belongings of your company.
3.A trademark helps earn goodwill
4. It creates a brand identity for your business in the market and helps your customers recognize your brand with ease. .
Following are some of examples of trademarks that can be registered in India:
1. An made-up word or any arbitrary dictionary word or words, which is not directly descriptive of quality of the goods/service.
2. Letters or numbers or any combination of both.
3. Monograms.
4. Devices or symbols.
5.. Shape of goods or the packaging.
6. 3D signs.
7. Graphically represented sound marks.
8. A single color or a combination with a word/device/symbol.
9. Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
No, an Indian Trademark may not be valid outside of India. It does not, therefore, guarantee any protection in any other country. To acquire a trademark in a different country a separate application must be filed in each of these countries. Applications for registration in foreign countries can be based on the Indian trade mark application. Convention priority may be claimed if foreign applications are filed within six months after filing of the Indian application. Such applications are made in terms of the International Convention of Paris, as in the case of patents, but the period provided is limited to six months.
Yes, it is advisable to conduct a trademark search before filing an application for registration. Before making an application for registration it is reasonable to review trademarks that are already registered, just to make sure that the proposed trademark is not denied due to similarity with other trademarks. It will save you both time and money.