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What is a Trademark?

A Trademark is a symbol which indicates some kind of connection between the activities and the Company which carrying such activities. Trademark may be a word, phrase, symbol or design or any combination of these. In simple words, Trademark helps the customers to differentiate the goods or services of one organization from another. There are 45 Trademark classes where you can register your brand name in the type of the field which is related to your business or where you want to protect the brand or trade name. Remember if you want to protect your design or idea or product or service then you can go with Patent Registration or if you want to protect your design then you can go with the Copyright Registration.​

Who can apply for Trademark?

The trademark can be applied by anyone who uses or intends to use a brand name or logo for commercial purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency.

What can be Trademarked?

Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof. Any Slogan or Punch line can be used to explain the products or Activity or USP or Philosophy of the brand.

What are the documents required for Trademark?

PAN Card

Copy of PAN card of the Proprietor/Partner/Managing Director.

Nature of Business

Nature of Business

Power of Attorney

Power of Attorney - In signed form "TM 48"

MSME/SSI Certificate

MSME/SSI Certificate

Validity of a Trademark in India

The validity of registration of trademark is 10 (Ten) years, and can be renewed for every 10 year. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.

Use of "TM" and"® " symbols

Generally, one who has filed an application (pending registration) can start using the Symbol next to his/her brand name to alert the public of owner's exclusive right on use of the brand name. The symbol ®, shall only be used when the trade mark gets registered. Registration of trademarks takes around 6-12 months..

What are the benefits of Trademark registration?

Asset Creation

Many brands in the world value their trademark more than their any other tangible assets. Brand value is derived only when the company has absolute right over the brand name through trademark protection. Gives your products a status of 'Branded Goods'.

Protection against Copycats

Nobody will dare to copy your brand name once it is a registered trademark. It creates a right to get damages in case of infringement (misuse by competitors) of the trade mark. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of his/her brand name and claim damages.

Helps in business expansion and growth

Trademark can be rented and royalty can be earned under licensing agreement. Franchising model solely depends upon trademark licensing and transfer. Registered TM can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the individual proprietor.

Helps in building image, goodwill and credibility in Market

Customers give more preference to registered brands with "TM" tag. If you are selling the products online on various e-commerce website such as Flipkart or Amazon or paytm etc then it gives you different identity than other sellers.

Frequently Asked Questions

How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

What is the function of a trademark?

Under modern business condition a trademark performs four functions

  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services.
Who can apply for a trademark and how ?

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office. The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

What is the time-frame for obtaining certificate of recognition as a ‘Startup’ in case an entity already exists?

The certificate of recognition is issued typically within 2 working days upon successful submission of the application.

What are different types of trademarks that may be registered in India
  • 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.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
Who benefits from a trademark?

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same The Purchaser and ultimately Consumers of goods and services get options to choose the best.

What are the benefits of registering a trademark?

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other..