📃 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 a combination thereof. A unique brand name or logo is used to differentiate your product/service 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 ™.

🚫 What trademarks are NOT registerable?

Trademarks that are identical or deceptively similar to existing registered trademarks or those likely to cause deception or confusion, or are offensive, cannot be registered. Geographical names, common names, trade words, and abbreviations are also not registerable as trademarks.

💼 Why should I file an application for a trademark?

Getting a trademark registered offers several business benefits such as:

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

📅 Can I register a trademark before starting a business?

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

🌏 Can I get a global trademark?

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

📞 How do I coordinate with the logo designer?

Our relationship manager will coordinate and be the intermediary between you and the designer.

🕒 How much time will it take for my logo to complete the designing process?

You will have the opportunity to go through 2 iterations and one finalization of the logo.

🔠 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, coined words, or unique geometrical designs. Avoid selecting a geographical name, common personal name, or surname. Avoid laudatory words or words that describe the quality of goods (such as best, perfect, super). It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.

📋 What is meant by “goods/services” classification?

India employs a trademark classification system in which goods and services are grouped into classes for registration. Under the International Classification of Goods and Services, most countries follow the same system, consisting of 34 classes of goods and 11 classes of services, revised every 5 years.

⚖️ What are the legal requirements for registering a Trademark?

Yes, there are a few legal requirements to register a trademark under the Act:

• The selected trademark should be capable of being represented graphically, i.e., on paper.
• It should be capable of distinguishing the goods or services of one undertaking from those of others.
• It should not have any objectionable lewd content.
• It should not hurt any religious sentiment.
• It should not be similar to any other pre-existing trademark.

🌐 Can I register my domain name as a trademark or service mark?

Yes, as long as it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a website may be found, such use is not sufficient. It must be used as a source identifier for the goods or services.

🔒 What are the rights of a trademark owner?

Trademarks can be considered as limited monopolies over the use of symbols/images in business. When a government grants a trademark, the owner gets the right to exclude all other businesses from using a trademark that is similar for related goods or services. If someone uses the trademark without prior permission, the owner can sue immediately in court and force that company to stop using the mark without compensation.