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Trademark

Get identified.

Create an identity for your business. Register a mark, build a brand. Trademark.

Register it and cover the distance from intellectual property to real property.

A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc used by business to distinguish it services or products from other same goods or services which are made in different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademark, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registrable if it is unique for the products and services you give.

Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.

Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time of another 10 years.

It helps the people to identify you.

trademarkregistered-598a056768e1a200116dc33a-1024x825-removebg-preview, Trademark

Benefits

Multiple benefits to your business and to you.

  • Legal Protection

Securing a Trademark not only protects your brand but also provides you with the tools to prevent someone using similar signs. Registering a Trademark helps you to establish your own brand and stops others from using it. It is a valid legal protection that you obtain by registering.

  • Unique Identity

All are there in the name and brand. Your clients will know you only by your brand. They will identify your products and services with the brand attached to it. Registering your trademark ensures this. It automatically gives your product or service a unique identity, different from others.

  • Creation of Asset

A well-known brand or logo is an intellectual asset for the owner. You can very well capitalize on the same if the same is registered. There are numerous instances whereby registered brands can easily sell the franchise or lend the name for huge fees or royalties.

  • Trust & Goodwill

Trademarks speak for themselves. They are effective communication tools. They allow you to use the power of the internet and social media. It ultimately creates a sense of trust and goodwill in the minds of your customers.

  • Popularize Your Brand

A Trademark is easily searchable. This, in turn, helps you to get popular among people. Trademark is a valuable asset and if maintained properly, it keeps appreciating over a period. It makes easy for you to hire people.

  • Global Trademark

It is quick and easy for non-resident Indians, foreigners or foreign entities to register a trademark in India. What’s more, they do not have to have a place of business in India to do so. A Registered Trademark in India can also be registered globally.

Procedure

Check, finalise, apply and start using trademark.

  • 1 Complete a Simple Checklist
  • Take a Search and Finalise Class
  • Submit Documents
  • Application for Trademark Registration
  • Start Using “TM”

Documents required

Business details, brand or logo.

  • Name of Applicant
  • Type of Business
  • Main Activities of Business
  • Name of Brand/Logo
  • Address

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FAQs

A Trademark registration protects a brand and provides them with the tools to prevent someone using similar signs. Trademark (symbolizing a mark in trade) is a type of intellectual property consisting of a identifiable signdesign, or expression which identifies products or services of a particular source from those of others. “Mark” may includes a device, brand, label, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors.

  • Trademarks protect your brand, products and services, by providing uniqueness to your brand.
  • Trademarks are tools of effective communication. They speak for themselves.
  • Trademarks make it easy for customers to find a particular brand. They set a brand apart from the crowd.
  • Trademarks allow organizations to make an effective utilization the power of the Internet and social media.
  • Trademarks are valuable assets and it keeps brand appreciating over time.
  • Trademarks can even make hiring easier.
  • Trademarks are easy to apply, easy to use and easy to identify.

Registrations of Company Names, Business Names or Domain Names do not provide ownership right in a name as a trademark registrations do. Larger businesses get Trademarks done on Company name.

The Trademark Registry has classified the goods and services under 45 classes. Application must mention the trademark class/classes that the goods/services represent. The trademark would be registered under those classes only.

One may use the ™ (Registered symbol) once your trademark is registered and registration certificate is issued. Till the registration is obtained, one can represent their trademark along with the letters “TM” to indicate that you claim rights over your trademark. Kindly note that it is an offense, with a penalty, to falsely claim that your trademark is registered.

It can be done through Madrid Protocol. This is a highly technical process and requires thorough search. IP experts at ebizfiling will help them to apply for Trademark in any country through Madrid. Drop an inquiry at info@ebizfiling.com for more details.

One can still get a unique logo design done, with a name in it. However, the word cannot get trademarked.

A unique name or logo has the highest chance of getting registered. However, it solely depends on the ministry to grant registration.

No. Registration of a trademark is not compulsory, but it is advisable to do so. However, the registration of trademark is the prime evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be made for violation of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.

Following marks can be registered under Indian Trademark Law:

  • Names
  • Invented words
  • Slogans
  • Numerals
  • Letters
  • Shape of goods
  • Devices
  • Combination of Colors
  • Signatures
  • Sound marks
  • Easy to pronounce, spell, remember
  • Should not be descriptive
  • Should be distinctive and
  • Should not have deceptive similarity

Yes, sound and smell can be registered as a trademark in India according to the Indian Trademark Law.

A service mark identifies and distinguishes the sources of a service rather than a product and is the same as a trademark.

  • A Great Business Opportunity
  • A Legal Protection
  • Get Your Unique Identity
  • An Asset
  • Global Filing Of Trademark

 

  • If your trademark is similar to an existing application or
  • Would hurt religious sentiments
  • Contains geographical names or common words
  • If it is likely to cause confusion.

A trademark application can be done by any private firms, individuals, companies, LLP’s, or NGO’s. In the case of companies, LLP’s, or NGO’s, the trademark has to be applied for registration in the name of the concerned business.

To conduct an online trademark search one need to start by heading to USPTO.gov and under the trademark tab click the following:

  • “Searching Trademarks”
  • “Search Trademark Database”
  • “Basic Word Mark Search”
  • “Free Form”

Once arrived at the ‘FREE FORM’ trademark search tool in TESS, one need to think about the following four parameters. 

  • Active vs inactive trademarks
  • Name trademark
  • International class
  • Goods/services

If your brand name is already been registered, but under a different class, you’re still in luck. Unless the brand is too well known, your application is expected to be approved. But, on the other hand, if a trademark has been registered by another brand after you begin using it, you should take the issue seriously. Find out the origin of the goods or services and send the office a cease letter. If the party does not cease from selling the goods or services with your trademark within the time mentioned in the letter, you may take them to court.

Yes. Many start-up founders are registered it in their own names, while large businesses would prefer to do so in the name of the company.

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