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Trademark

Submitted by:Jagdeep Yadav

Trademar
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A trademark is essentially a
characteristic of your brand. It
could be your brand name, your
brands logo, or even your
brands slogan. For example,
'Nike', the Swoosh, or the
slogan Just Do It. In some
cases, the brands name and
logo are combined into one, as
in the case of BMW, or CocaCola. That is called a Logo
Composite Mark.

Who owns a trademark?


A trademark grants you commercial rights to
sell a particular brand name in a certain
sector of the economy. There are 45 sectors
and each sector is called a class. For
instance, Class 28 refers to Toys, Games,
and Sports. So if you want to protect your
toy brand, you need to make an application
under Class 28 and get exclusive commercial
rights, to sell your brand of toys under that
class.

Is my trademark available?
If you have a certain brand name, or a logo,
or a slogan in mind, we can do a trademark
search for you. A simple way to do this
yourself, is to just go online to the internet
and check if there is a similar company with
a similar name to yours, on the internet. You
should also check if the domain name of your
brand is available or not.

What if the trademark is taken?


No need to worry. If your trademark brand
name is taken, you can prepare a Logo
Composite Mark by combining your logo
and your name, and apply as one. This is a
common strategy used to apply for a
trademark, even if the trade name itself
has been taken.

What do I need to provide?


You need to give us a signed letter,
allowing us to apply for your
trademark. This is called an
Authorization Letter. Once an
Authorization Letter has been
received, we prepare your documents,
make the application for you online,
and pay the necessary fees. Almost
instantly, you get a confirmation of
the application and you can start
using the symbol next to your
name.

How long does it take?


The trademark registration application
process is done almost instantly. It
can be done within a few hours of you
giving us your Authorization Letter.
The Government, after we make the
application, takes 18 to 24 months, to
confirm the registration and give you
the confirmed Registration Certificate
for your trademark. You can then use
the symbol next to your name.

Advantages of Trademark
Registration

Legal Protection
If you believe your registered trademark is being infringed, it is easy to
establish your right to it in court. If you haven't registered the word,
slogan or logo, you would not be able to do so. Particularly in sectors in
which piracy is rampant, trademark registration is essential.
Business Opportunity
A trademark is an intangible asset that can be enormously valuable,
should your brand succeed. Think of Tide, Nike or McDonald's. Businesses
can earn huge money in royalties through licensing agreements or even
transfer ownership to interested parties through assignment agreements.
Unique Identity
You would want your customers to identify your products or services with
yours only. Registering your trademark is the first step toward ensuring
this. The court would then stop any similar words or slogans from being
registered.

Types of Intellectual
Property
Applies To

Words, logos,
slogans

Photographs,
movies, music,
software code

Applicants

Business owners

Artists & creative Inventors &


professionals
designers

Inventors &
designers

Ownership
Without
Registration

Yes, but rights


are limited

Yes, but rights


are limited

No

No

Validity

Indefinite, but to Lifetime of the


be renewed
author, plus 60
every 10 years
years

20 years

1 year

Inventions &
ideas

Inventions &
ideas

Trademark Registration Process


You can start using TM in 1-3 working days, after you have uploaded
all your Documents + Information
TRADEMARK FILING
1-3 Days

We check your Trademark in the Intellectual property database and


file your TM application with the Government

TM REGISTRATION
1-2 Years

TM application filed goes through numerous checks and is opened for


public objection before it becomes a

Use of TM, SM and symbols


'TM' stands for Trademark and 'SM' stands for Servicemark.
The use of TM and SM symbols notifies the public that the
company is claiming exclusive ownership of the trademark
and can generally be used by one who has filed a
trademark application.
Thesymbol, can be used only once the trademark is
registered and the registration certificate is issued.Also,
you may use the registration symbol only in connection
with the goods and/or services in respect of which the
trademark is registered.
The registration process is the same for both trademarks
and servicemarks.

Requirements for filing a trademark application


1.The name, address and nationality of the applicant. If the applicant is a
partnership firm, the names of all the partners. Also mention whether any
minor is a partner.
2.If the applicant is a company, the country or state of incorporation.
3.A list of goods and/or services for which registration is required.
4.Soft copy of the trademark to be registered.
5.If the mark contains or consists of non-English words, a translation of
those words into English is required.
6.Date of first use of the trademark in India, if at all used
7.Power of attorney simply signed by the applicant (no legalization or
notarization is required).For Indian clients, power of attorney to be
executed in 100 Rs. stamp paper and signed by the applicant. The power of
attorney is not required at the time of lodging the application and can be
submitted later with no additional cost.

Frequently asked questions


What is a trademark class?
The Trademark Registry has classified
goods and services under 45 classes.
Your application must mention the
class/classes the goods/services
represent. The trademark would be
registered under those classes only.

What is a trademark?
A trademark is generally referred to as a brand or logo.
A trademark can be a word, symbol, logo, brand name, wrapper,
packaging labels, tagline or a combination of these and are used by
manufacturers or merchants or service providers to identify their own
goods and/or services. It is used to distinguish the owners goods or
services from those of its competitors and is something that will be
distinctive of just one trader. Properly used and promoted, a Trademark
may become the most valuable asset of a business.

2. What are the advantages of obtaining trademark registration?


Prima-facie evidence of ownership of the trademark.
Important asset for your business or company and contributes to the
goodwill generated.
Gives you stronger enforceable rights to prevent others from using the
trademark in connection with the goods or services for which it is
registered.
Trademarks can be sold, licensed or assigned.

3.My Company Name is already registered under the


Companies Act. Why should I go for trademark registration of
my company name/trade name?
Registrations of Company Names, Business Names or Domain
Names do not provideownership or a monopoly right in a name as do
trademark registrations.

4. How do I find out whether a trademark / brand name is


already registered in India?
A search of the Indian Trademark Registry database will indicate
whether there are any marks identical or deceptively similar to your
trademark in India. The trademark search can be conducted in the
official Trade Mark Registry website in India in the link copied below:
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

5. What is the difference between trademark registration and


copyright registration for logo?
A logo can be protected both under the Trade Marks Act and
Copyrights Act.
Trademark Registration enables you to obtain protection for the brand
name and also provides certain amount of protection to the manner in
which the trademark is represented. However, if you need exclusivity
for the representation of your trademark or logo, a copyright
registration is strongly recommended. Copyright registration does not
however offer any protection for the brand name.

6. What is the validity of a trademark registration?


Once the trademark is registered, it is valid for a period of 10 years
from the date of application. The registration can then be renewed
indefinitely as long as the renewal fees are paid every 10 years.

7. How long does it take to register a trademark?


Trademark Registration is a lengthy process and it takes around 18-24
months to obtain registration in a straight-forward case, without any
objections or oppositions. However, the trademark application number
is usually issued within one or 2 days after filing.

8. Can I use the symbol?


You may use the(Registered symbol) next to your trademark once
yourtrademark is registered and registration certificate is issued. Kindly
note that it is an offence, with penalty, to falsely claim that your
trademark is registered. Till the registration is obtained, you can
represent your trademark along with the letters TM to indicate that you
claim rights over your trademark.

9. What cannot be registered as trademark?


Idea, state flags & hallmarks, process, similar existing marks, generic
words cannot be trademark as they fail to meet the minimum
requirements for the trademark registration.
10. What is the difference between goods and services?
Goodsare tangible products, Like computers and bottles
Servicesare activities performed for the benefit of someone
else, such as IT services or catering
11. Can foreigners apply for trademark in India?
Yes, foreigners can apply for trademark in India.
India has declared certain countries as convention countries,
which afford to citizens of India similar privileges as granted to
its own citizens. A person or company from a convention
country, may within six months of making an application in the
home country, apply for registration of the trademark in India.