A trademark is a unique and creative sign or indicator, which includes a name, word, phrase, logo, symbol, design, image, sound, color or combination of these things; used by an individual, business organization or any other legal entity. Trademarks have become very valuable assets for an increasing number of businesses and in many cases the brand value exceeds the physical assets of the company.
In India Trademarks are protected under The Trademarks Act, 1999. It allows any individual or any type of business unit or legal entity to apply for the registration of trademark. Typically it takes 18-20 months for a trademark to get registered.
Why to register a trademark ?
Exclusive Rights
Once your trademark gets registered, you will have the exclusive rights over your trademark under which you can allow and disallow others from using your mark.
Quality Assurance
A trademark is associated with your products and services, which depicts the assurance of the quality provided by the original owner.
Int'l TM Protection
At any stage when you want to expand your business to international level, your Indian trademark brand value plays a vital role while applying for an International Registration.
Building an Asset
A trademark is an intangible asset of the owner which is increased in its value by the passing time.
Infringement Action
When your trademark is being used by any unauthorized person, you can take legal actions against such person to make him stop using your trademark.
10 years Protection
Once your trademark gets registered, your trademark is protected for 10 years from the date of application and it can always be renewed every 10 years.
What can be registered as a Trademark ?
How to decide the class of your Trademark ?
Once you decide to register your trademark it is very important to decide that in which class(es) does your trademark falls. Below is the small guide to the Trademark classification
How do we file an Application for Registration of Trademark ?
Step 01
Just contact our law office regarding your brand name or logo. We will assess your mark by conducting a search report and we will guide you for further procedure.
Step 02
We will suggest you our range of affordable packages for your Trademark registration application process with fee structure and provide necessary documents.
Step 03
Our legal team will prepare a Power of Attorney and Affidavit (if necessary), which will be sent to you to get it signed.
Required Documents
- PAN Card
- Aadhar Card
- Address proof
- Business proof (If applicable)
Frequently Asked Questions
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
It creates an image for the goods/ services.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him.
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
