📃 What is a trademark?

A trademark is your brand name or logo identifying your product or service. It can be a word, letter, number, phrase, symbol, shape, or combination thereof. It differentiates your product/service from others in the industry. To secure legal protection, you need to get it registered. On receiving the ™ application number, you can start using the ™ symbol.

🚫 What trademarks are NOT registerable?

Trademarks identical or deceptively similar to existing registered trademarks or those likely to cause deception, confusion, or offense cannot be registered. Geographical names, common names, common trade words, and common abbreviations also cannot be registered.

💼 Why should I file an application for a trademark?

Getting a trademark registered has several business benefits:

• Exclusive rights on your brand
• Protection of your brand as an asset
• Safeguarding your hard-earned goodwill
• Preventing others from using the same brand in the same industry
• Nation-wide protection for your trade

📚 What is NICE classification?

The Nice Classification (NCL) is an international system used to classify goods and services for the registration of marks. It has 45 classes (1-34 for products and 35-45 for services).

🚀 Can I register a trademark before starting a business?

Yes, you can register a trademark before starting a business.

🌍 Can I get a global trademark?

No, a trademark is territorial. 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. It can be renewed further.

📜 When can I use the symbols ® or ™?

The ™ symbol can be used after filing the trademark application. The ® symbol should be used only after registration, and only 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/services in a way that is likely to cause confusion, deception, or mistake about the source.

📦 Will my trademark registration be valid for all types of services and goods?

Trademark registrations are specific to the goods or services they represent. They are made under a “Class” of goods or services and will be valid for the entire class it represents.

💰 What are the government fees applicable for trademark registration?

The government fees for trademark registration is Rs. 9000 per application per class for a company and Rs. 4500 per application per class for an individual.

🔑 Is Digital Signature mandatory for carrying out Trademark registration formalities?

Yes, it is mandatory to verify all documents submitted, including the trademark registration application, using a Class III Digital Signature. Our experts will help you e-verify the documents.

💼 Why should I file an application for a trademark?

Getting a trademark registered has several business benefits:

• Register your brand to get exclusive rights on it.
• Protect your brand like other assets and belongings of your company.
• Help protect your hard-earned goodwill in business.
• Stop others from promoting the same brand in the same industry.
• Provide nation-wide protection for your trade.

🚀 Can I register a trademark before starting a business?

Yes, you can register a trademark before even starting a business.

🌍 Can I get a global trademark?

No. Trademark is territorial in nature. 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. It can be renewed further.

🔖 What are trademarks?

Simply put, a trademark is a company’s brand name. It could be a visual symbol such as a signature, word, label, or number combination. It helps identify your brand among similar goods or services from different companies.

🔄 What is the function of a trademark?

A trademark is synonymous with a company’s identity. It performs four functions:

• Helps identify the goods or services and their origin (the company that produces them).
• Guarantees consistent quality.
• Acts as a mark that forever advertises the goods/services.
• Helps create an image for the goods/services in the mind of the consumer.

⚖️ Are there any legal requirements for registering a Trademark?

Yes, there are legal requirements:

• The chosen mark/symbol should be capable of being represented graphically (in print).
• It should sufficiently distinguish the goods or services of one undertaking/company from others.
• It should not be similar to an existing trademark.
• It must not contain any word, image, or other elements offensive to any caste, gender, age, or religion.
• It must be simple, easy to pronounce, spell, and read.

💡 Who benefits from a trademark?

A trademark benefits the proprietor who registers it, the government, and legal professionals. The Registered Proprietor benefits the most by being able to:

• Create, establish, and protect the goodwill of their services or products.
• Stop others from unlawfully using their trademark.
• Sue for damages and secure the destruction of infringing goods and labels.

The government earns revenue as a fee for registration and protection of trademarks. Legal professionals provide services to entrepreneurs regarding trademark selection, registration, and protection, and get remunerations for the same.

📈 What are the benefits of registering a trademark?

Registering a trademark gives its owner the exclusive right to use it. They can choose to display it on goods, company communications, etc. The ® symbol indicates registration and protection under the law against infringement. In case of trademark infringement, the owner can seek relief at appropriate courts. The exclusive right is subject to any conditions entered on the register, such as limitation of area of use.