Trademark Registration - Individual

What is a trademark??

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 the ™ Application number you can start using ™ .

What trademarks are NOT register able??

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, a trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words, and common abbreviations can also not be registered as a trademark..

Why should I/we file application for trademark??

Getting trademark registered has a number of business benefits such as 1. Register your brand to get exclusive right on it. 2. Protect your brand like other assets and belongings of your company. 3. It will help you to protect your hard earn goodwill in business. 4. You can stop others from promoting same brand in same industry of business. 5. It will give you nationwide protection for your trade. .

What is NICE classification??

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 of 45 classes (1-34 for products and 35-45 for services)..

Can I register a trademark before starting a business??

Yes, one can register a trademark before even starting a business..

Can I get global trademark??

No. the Trademark is territorial in nature that means if you get a trademark in India then it will be valid for India only..

What is the validity of Trademark registration??

The registered trademark is valid for 10 years from the date of filing of the application. The trademark can be renewed further..

When can I use symbol R or TM??

Symbol “TM” can be used after filing of trademark application. “R” should be used only after the registration of a trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate..

What is trademark infringement??

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.

Will my trademark registration be valid for all types of services and goods??

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 services it represents. The trademark registration will therefore be valid for the entire class of goods or services it represents..

Is Digital Signature mandatory for carrying out Trademark registration formalities??

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..

What are different types of trademarks that may be registered in India??

Following are some the 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 the 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. .

Is a registered Indian Trademark valid outside of India??

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 trademark application. Convention priority may be claimed if foreign applications are filed within six months after filing 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..

I conduct a trademark search before filing for an application??

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.".