📃 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. Upon receiving the ™ application number, you can start using the ™ symbol.

📄 What trademarks are NOT registerable?

Any trademark 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 cannot be registered as trademarks.

💼 Why should I file an application for a trademark?

Getting a trademark registered has numerous business benefits, such as securing exclusive rights to your brand, protecting your brand like other assets, safeguarding your hard-earned goodwill in business, preventing others from promoting the same brand in the same industry, and providing 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, meaning 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 symbols R or TM?

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

💸 What are the government fees applicable for trademark registration?

The government fees for trademark registration are ₹9000 per application per class for companies and ₹4500 per application per class for individuals.

🔐 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 registration using a Class III Digital signature. Our experts will help you e-verify the documents.

👤 Who can apply for a trademark? How can an individual/business apply for a trademark?

Any individual/proprietor/business can apply for a trademark. In order to apply for a trademark, the applicant must make a written application to the Indian Patent Office in the prescribed manner for registration. The application should contain:

• The trademark
• The nature of goods/services
• Name and address of the applicant
• The period of use of the mark

The application should be in English or Hindi and filed at the appropriate office. It can be submitted in person at the Front Office Counter of the respective office, sent by post, or filed online through the e-filing gateway available at the official website.

💼 What are the benefits of filing for a Trademark?

A trademark registration offers numerous business benefits, including:

• Exclusive rights to use the trademark
• Protection of the trademark as an asset of your company
• Building goodwill
• Creating brand identity and customer recognition in the market

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

Examples of trademarks that can be registered in India include:

• A made-up word or arbitrary dictionary word not descriptive of the goods/services
• Letters or numbers or combinations
• Monograms
• Devices or symbols
• Shapes of goods or packaging
• 3D signs
• Graphically represented sound marks
• A single color or combinations with words/devices/symbols
• Personal or surname of the applicant, predecessor, or signature

🌍 Is a registered Indian Trademark valid outside of India?

No, a registered Indian Trademark is not valid outside of India. Separate applications must be filed in each country for protection. Applications for registration in foreign countries can be based on the Indian trademark application, with the option to claim convention priority within six months.

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

Yes, conducting a trademark search before filing an application is advisable. Reviewing registered trademarks helps ensure the proposed trademark is not denied due to similarity with existing trademarks, saving time and money.