PROCEDURE

Submission of documents and details to us

 Name and Logo verification

Selection of Appropriate Class

Drafting of Trademark Application

Filing of Application alongwith Govt. Fees

Completion of TradeMark in the case of No Objection

 

DOCUMENTS REQUIRED

TM Requisition Form

 Power of Attorney

 Declaration for Use of TM

 

FAQ’s

Q. What is a Trademark?

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it’s goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol.

Q. What can be trademarked?

  1. Name: A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubhai Ambani can be trademarked
  2. Word: A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked
  3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand
  4. Image: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo
  5. Sound: Sound marks in audio format. For example the sound in the ad jingle

Q. What are the reasons for getting Trademark done?

  • Legal Protection – Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark registration. Trademark protection is not enforceable for trademarks that are not registered.
  • Unique Identity – Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
  • Trust or Goodwill – Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
  • Creation of Asset – Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
  • Global Trademark Registration – A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.

Q. Who can apply for Trademark?

Any person or business claiming to be owner can apply for a trademark including:

  • Individual,
  • Company
  • Proprietor
  • Society

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise

Q. What are the different Trademark Symbols?

* ‘TM’ Symbol- This symbol can be used with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of the trademark registration.

* ‘SM’ Symbol – It is also a kind of trademark which is a Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

* ‘R’ Symbol – This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.

Q. How to get Trademark Registered in India?

The procedure to register trademark is very simple. We have outlined the simple points for you to understand the basic procedure for trademark registration in India:

  • Assign Word, logo which is to be trademark.
  • Choose the appropriate class as per your line of business.
  • Fill few basic documents received from our side.
  • Make the payment and it’s done.
  • We shall file the trademark at the earliest.

The total trademark registration time takes around 2 years.

Q. What is the Procedure for e-filing the trademark application?

The procedure for e-filing of trademark application is as follows:

  • Choose the specific name to be trademarked.
  • Select the appropriate class as per your line of business.
  • Fill the form TM 1 and issue the Power of attorney.
  • File the form online via attorney.
  • Keep a regular update, as total registration time if 2 to 2.5 years

Q. What is the validity of Trademark?

A Trademark is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time.

Q. How many classes are there under Trademark registration?

There are forty five trademark classes in India which is in par with the world. Each and every class denotes some specific goods and services. For example, if you are into legal business, your appropriate class would be 45. Hence, analysis of trademark classes is an important part of trademark registration.

Q. Which class to choose for trademark registration?

Trademark classes depend upon the line of your business, products you are selling. You may follow the below steps to choose your appropriate class:

  • Understand your product line.
  • Choose the appropriate class in consonance of your business activity.
  • Verify whether any other trademark class would be applicable or not
  • Finalize the classes and proceed with the registration.

Trademark classification works according to the product and services you are offering. If you are into clothing business, you need to register trademark under class 25, if you are into legal services, you need to register the trademark under class 45. This is how the trademark classes work.

Hence, if you need to register a trademark, you shall have to select the most appropriate class.

Q. How to Check Trademark Status Online?

There are many number of sites which provides the trademark details. However, one should not trust any website other than the official website of the trademark department. To check the trademark status online, click on the link: Check TM Status and follow the following steps:

  • After clicking on the link, click on trademarks Indexes.
  • After that, type the trademark name and select the appropriate class.

Enter the Captcha code and the trademark details will be on your computer

Q. Are there any conditions for registration of trademark in India?

There are no conditions to register the trademark in India. However, you should keep in mind the following:

  • Trademark applied must be original, you should not copy and apply, it shall amount to infringement and you may be liable for legal damages.
  • You should keep a close watch at your industry to ascertain whether anyone else is using your logo or trademark to deceive your potential customers.

Q. How to search and check if a brand name is available in India?

Searching and checking the brand name is an important task for brand registration in India. Brand registration is another name for trademark registration. Hence, if you want to check the brand name availability, then you shall have to check whether trademark is registered or not with the same name.

Q. When can ™ be used with a trademark?

After the application is registered with the government, a TM number is assigned by trademark department within 1-2 days of submission of application. After this, you can use TM with your brand.