What is a Trademark?
Trademark is also popularly known as brand name in layman’s language. Trademark is a visual symbol which may be a word signature, name, device, label, numerals or combination of colourscreating an identity of a product or a business. The necessary legal requirementto register a trademark under the Act is that the selected image should be capable of being represented graphically on a paper. Also, it should be unique and not similar to any other mark which is already registered under the Trademark Registration Act.
A Trademark is a logo or symbol that characterizes your products or services and also differentiate it from other products and services. It not only provides an exclusive right to use the logo but also enjoy benefits of long run business establishment brand reputation and goodwill in the market. It should be capable of distinguishing the goods or services of one undertaking from those of others.
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Benefits of Trademark registration
Registering a Trademark offers many benefits.
- Helps in establishing a unique identity and brand for company’s goods or services
- Helps in establishing trust, goodwill and quality in the minds of customer
- Creates unique identity for the company
- Can be used as the basis for trademark filing in other countries, if required
- Only owners of registered trademarks can take action or sue for damages in case of trademark infringement
Trademark Registration Process
- Step 1: Search for Trademark
- Step 2: Selection of Trademark Class
- Step 3: Filing of Application for the Registration of the Trademark
Documents required for registering a Trademark
Listed below are the documents that are required for registering a Trademark
- Proof of Applicant - PAN Card, Address Proof of Applicantand
Certificate of Registration
- Brand Name & Logo– Symbol/Logo of the Trademark to be registered
- User Affidavit- In case TM is already under use
- MSME / Start-up Recognition - to avail 50% rebate on the Government fee
- Signed Form TM – 48 – to allow the Attorney to file Trademark on your behalf with the Trademark Registrar
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Frequently asked questions
What is a Trademark Class?
What is a Trademark Class?
Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services itrepresent. The trademark would be registered under those classes only in which it is applied.For each class, a separate application is filed by paying prescribed Government fee.
What is the validity of Trademark?
What is the validity of Trademark?
The Trademark Registration is valid for 10 years from the date of application and may then be renewed for a period of 10 years within 6 months of the due date after expiry of the 10 years.
How long does it take to register a Trademark?
How long does it take to register a Trademark?
Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.
Is the Trademark registered in India valid outside India?
Is the Trademark registered in India valid outside India?
The registration application filed under the Trademark Act, 1999 is verified and registered in India only and it remains valid only in India.
What is the Govt. fee for a Single Class Trademark application?
What is the Govt. fee for a Single Class Trademark application?
For Trademark registration, the fees are levied based on ‘Number of Classes Applied’ and not on the ‘Number of Applications’. If your startup is registered under MSME, the government fee of Rs. 4,500 is to be paid for application for each class. For all other cases, the Government fee of Rs. 9000 per class is to be paid.
Can a foreign entity apply for Trademark Registration in India?
Can a foreign entity apply for Trademark Registration in India?
A foreign entity can file an application for registration subject to the condition that an address for communication in India must be provided with the application
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