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ADVANTAGES OF TRADEMARK REGISTRATION

1.

LEGAL PROTECTION

Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection is not enforceable for trademarks that are not registered.
2.

UNIQUE IDENTITY

Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
3.

CREATION OF ASSET

Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
4.

TRUST OR GOODWILL

Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
5.

GLOBAL TRADEMARK REGISTRATION

A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
6.

MAKES TRADEMARK KNOWN

A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

WHAT ARE THE DIFFERENT KIND OF TRADEMARK SYMBOLS
‘TM’, ‘SM’ and ‘®’

‘TM’ Symbol


This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

‘SM’ Symbol


It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.


‘®’ Symbol


This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.




Among all the words which are being mentioned above, ™ is the most common word which is being used frequently by owners of the brand.

WHO CAN APPLY FOR A TRADEMARK?

Any person or business claiming to be owner can apply for a trademark including:
Individual
Company
Proprietor
Society
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

What can be Trademarked?


Product


Service


Shape


Pattern



Collective


Certification


Colour


Sound



Word


Numbers


Device


Packaging

Trademark Class Finder

Trademark application is made under 45 different classes as per the NICE classification for trademark. Each of the trademark class represents a distinct set of goods and services. While filing a trademark application, the class of goods and services to which the trademark pertain must be mentioned in the application. It is important to choose the right class of trademark while filing the application as wrong classification of trademark could hamper the trademark registration process and/or diminish the legal protection for the mark under the Trademark Act.
Trademark application can be filed in more than one class, if the activity of the business involves diverse goods or services falling under different trademark classifications. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under a different class. Hence, filing of trademark application under one class does not provide complete exclusivity over use of the mark. Trademark only provides exclusivity for use of the mark with respect to the class of goods or services for which the trademark is registered. Use the trademark class finder tool to find the correct trademark class for your goods or service from over 8000 goods and services.

Trademark Cost Breakdown

For Individuals

Trademark Search : Free
Trademark Consultancy on Class & Availability : Free
Government Fees (For Individuals) : Rs. 4,500
Stamp Duty : Rs. 500
TM Application Filing + Drafting (Our Fees) : Rs. 1739
Service tax : Rs. 261

Total:

Rs. 7000

For Companies

Trademark Search : Free
Trademark Consultancy on Class & Availability : Free
Government Fees (For Companies) : Rs. 9,000
Stamp Duty : Rs. 500
TM Application Filing + Drafting (Our Fees) : Rs. 1739
Service tax : Rs. 261

Total:

Rs. 11,500



"Any query? Call us on 020-65363633"

TIME FOR TRADEMARK FILING

1

Trademark Search

Our Trademark Attorney checks for availability of the required mark. This is a Free Service, you can always call us.



2

Trademark Filing

We file your Trademark with the Intellectual Property Goverment office and send you the receipt. A preview is sent to your before filing for confirmation. After this setup, you can use TM with your brand names.

3

Application processed

After the application is filed. Government Trademark examiners check and approve your Trademark Application. Once approved your Trademark is registered and you can start using the R symbol.

Have questions? We have answers.

  • 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 trademark applications are commonly rejected?

    If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.

  • What can be registered as a trademark?

    Name, word, symbol, color, phrase, shape, signature, letters, slogans, surname, packaging can be trademarked which rightly gives a unique image of the company, brand or individual that separates the product or services of one trader from the other. Anything that gives a distinct identity to the product and services which thereafter distinguishes one trader from the other.

  • 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.

  • What is the difference between goods and services?

    Goods are tangible products, Like computers and bottles.
    Services are activities performed for the benefit of someone else, such as IT services or catering.

  • 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. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country.

  • Are Trademarks, Copyrights, and Patents the same things?

    No, Trademark, copyrights, and patents are not the same things. However, Trademark, Copyright, and Patents are often confused to be the same. Although each one is used to safeguard intellectual property rights, they are fundamentally different from each other and used for different purposes.

    Copyright - Protects an original artistic or literary work
    Patent - Protects an invention
    Trademark - Protects brand names and logos used on goods and services

  • Can I trademark a logo I designed myself?

    Yes. Your logo is part of your brand to identify your business and consists of a design that is generally used by you and your company on your products or printed materials related to its services. It's important to protect that brand, and by extension, the logo that represents it. The logo may be a design by itself, a design with letters or words, or a design consisting simply of stylized words or letters.

  • Who can apply for trademark registration?

    Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

  • When can I use the ™ symbol?

    As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol.

  • What if someone has a similar word trademarked?

    You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.

  • Do you guarantee approval of my trademark?

    It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.

  • Should I file the trademark in my own name?

    Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.

  • When can I use ® with my Trademark

    The ® mark can be used the application gets approved from the government. Generally it takes about 8 months to 2 Years for a TM to be approved.

  • Can a single trademark be used for services belongs to different classes

    Yes, single trademark application can be filed for different classes services but the fees for filling in each class is increase every time just like you have filed a single application for one trademark.

  • Is the Trademark registered in India, valid all over the world?

    No, Trademarks have to be registered in individual countries, depending on the legislation.

  • Do I have to hire an attorney when filing to register my trademark?

    A trademark application can be filed by your own. Attorney’s are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys, if needed.

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