A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it 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 registerable 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 registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
Fees – Our charges for MSME Registration starts from Rs.4999/-.
1. What is a trademark class?
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
2. How often does a trademark need to be renewed?
It is valid for 10 years at a time and is renewable indefinitely.
3. What trademark applications are commonly rejected?
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can’t register the word ‘car’ for a car brand, but may do so for a brand of electronics. It’s best that you conduct a trademark search to know what has already been registered on www.ipindia.nic.in.
4. When can I use the ™ symbol?
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
5. What if someone has a similar word trademarked?
You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
6. Should I file the trademark in my own name?
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
7. Do you guarantee approval of my trademark?
It depends entirely on the government’s judgement. But if it is unique, it is highly likely that it will be granted.
8. Do you guarantee approval of my trademark?
We don’t. However, the lawyer we appoint will charge Rs. 3000 to Rs. 4000. If you know a lawyer and would like to hire him, we will assist him at no charge. Our team will advise you on trademark availability before you apply, so this is unlikely to happen at all.
9. What if there is a mistake in my trademark application?
If there is a mistake with regard to the details you have provided, we will have to file for a modification (to attract additional charges). In case the mistake is with regard to the trademark itself, you would need to file a new trademark application.