A Trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish its 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. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.
Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
Name Search & Approval
Finalizing the class under which application is to be filed
Conduct and prepare search report to confirm whether any similar or identical Trade Mark is existing to our proposed Trade Mark and finalize to file the Trade Mark application
Execution of Power of Attorney and User Affidavit and other required documents
Preparation of Trade Mark Application and filing of Trade Mark application by paying the Government Fee
Once the application is filed the applicant can use the Trade Mark by using "TM" on the top of the Brand Name.
Trade Mark in JPEG Format
Class details under which Trade Mark to be filed
Power of Attorney
You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company and no other competitor can apply or use your trademark for similar goods or services.
Creation of Asset
Registered trademark can act as an asset as the owner of the trademark can easily sell franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.
Trust or GoodWill
As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.
Popularize Your Brand
Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.
Trade Mark Registration
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.
It 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.
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.
A trademark is an intellectual property which is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs or even software.
You need to produce identity proof in case of trademark registration in India. (in case of individuality).While on another hand you need to produce company incorporation documents if the entity is a company.
No! The registered trademark under Trademark Act 2000 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.
Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.
The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately in an application. The trademark would be registered under those classes only. When doing trademark search you should only be worried if a trademark with a similar name exists in the same class. For example, if you are an IT provider by name of Comsys, you will get your trademark if someone else has registered the same trademark in some other class.