📃 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 registerable?

Any trademark that is identical or deceptively similar to an existing registered trademark or trademark for which an application for registration has been made, cannot be registered. Also, trademarks that would likely cause deception or confusion or are offensive may not be registered. Geographical names, common names, common trade words, and common abbreviations also cannot be registered as trademarks.

💡 Why should I file an application for a trademark?

Getting a trademark registered has a number of business benefits such as:

• Register your brand to get exclusive rights on it.
• Protect your brand like other assets and belongings of your company.
• It will help you to protect your hard-earned goodwill in business.
• You can stop others from promoting the same brand in the same industry.
• 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 a 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 a global trademark?

No. A trademark is territorial in nature, which means if you get a trademark in India, it will be valid only in India.

⏳ 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 the symbol R or TM?

The symbol “TM” can be used after the filing of a trademark application. “R” should be used only after the registration of the 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 service it represents. The trademark registration will therefore be valid for the entire class of goods or service it represents.