To get early trademark registration try to Choose a unique and distinctive mark to avoid different stages such as objection by trademark registry and the opposition by third party and can get the registration certificate in around 6 to 8 months A trademark 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.
Trademarks are protected by intellectual property rights. A trademark identifies the brand owner of a particular product or service.
Trademark grants the right to use the registered trademark symbol: ®, after the completion of the Process.
It also grants the right to file a trademark infringement lawsuit in Court to protect our Misused logo and Goodwill.
When we say unique it also means that you need to get your trademark registered as soon as possible because it cannot be predicted as to when exactly someone else is going to have the same idea and get it registered before you do.
TM can be used from the date of filing of the application with authority. Trademark Authority generally takes approx one and half years to issue the certificate and since the date of certification, you become the legal owner of the Trademark of your brand name and use ® symbol with your brand name.
Benefits of the Trademark
- Provides a separate identity
- Safeguarding the brand
- Enjoy exclusive rights
- Builds trust and goodwill
- Gives recognition to the quality of the product
- Use the ® symbol on your logo
- Differentiate your product
- Make it easy for customers to find you
- It is an asset in itself – Read more
Procedure for Trademark Registration
Frequently Asked Questions
A trademark 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.
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
Trademark search is important to check if the mark to be registered is already taken by others or is closely similar to existing trademark
- A individual Person,
- A Partnership Firm,
- A Corporate Body ,
- Association of Persons (in case of collective Trademarks),
- Joint Proprietor A Trust, A Society,
- A Government Undertaking
- NGO
TM symbolises that the trademark has not yet been registered, but an application for the same is pending. Applicant can use TM from the date of filing the application until the mark is registered.
®symbolizes that the trademark is officially registered, the applicant can use ® symbol only after the mark is registered.
The selected mark should be capable of being represented graphically. It should be capable of distinguishing the goods or services of one undertaking from those of others.
- Identity proof of the trademark owner(PAN card , Aadhar Card )
- Address proof
- Udyog Aadhar Registration
- Certificate of Incorporation (Private Limited Company or an LLP)
Registered Trademarks are valid for 10 years from the date of filing the application. The trademark owner can renew the trademark every 10 years.
You can file trademark application before appropriate trademark registry. either on your own or can hire experienced trademark attorney.
Trademark Classes / Trademark Classifications is the division of all types of businesses into certain sectors, in total there are 45 TM Classes. First 34 Trademark Classes are Manufacturing based Classifications and from class 35 the next 45 Classes are service based Trademark Classes.
If the trademark is wrongly registered or wrongly remaining in the register, the Act allows rectification. Any person aggrieved by the trademark can apply for rectification / cancellation of the trademark.
Machines and Machines Tools comes under class -7.
software and programing mostly comes under class – 9 and 42.
Restaurant and food service business comes under class – 43.
Food products comes under trademark class-30.