User Testimonial on Trademark Registration
Frequently Asked Questions on Trademark Registration or Search
What is a trademark?
A trademark is for your brand name which identifies your product or services. It actually differentiates your products/services with others. A trademark can be e a word, letter, number, phrase, symbol, shape or combination thereof.
Who can file application for trademark?
Individual/Proprietor/Pvt Ltd Company/Partnership Firms/ Societies/Trusts/Institutes.
Who can file application for trademark?
• Register your brand to get exclusive right on it.
• Protect your brand like other assets and belongings of your company.
• It will help you to protect your hard earn good will in business.
• You can stop others from promoting same brand in same industry of business.
• It will give you nation-wide protection for your trade.
What are the requirements/documents for filing trademark applications?
Following information are required for filing trademark application:
• Individual/company name
• Individual/company address
• Type of company (Proprietorship/Pvt ltd/Partnership/society/trust etc)
• Name & Designation of authorized signatory
• Email id & contact number
• Date of first use of the brand name
What can be registered under TM?
Trademark can be filed for letters, words, logo, phrase, label, shape, packaging
What is nice classification?
The Nice Classification (NCL) is an international system used to classify goods and services for the purposes of the registration of marks. It has total 45 classes (1-34 for products and 35-45 for services).
Can I register a trademark before starting a business?
Yes, one can register a trademark before even starting a business.
What can be submitted as proof of use?
Any proof of your brand being mentioned on it can be submitted. For eg. Invoices/advertisement broacher with date/ pamphlets/ web print outs/flyers etc can be used as proof of use.
What is first date of use?
The first date of use is nothing but when the name/logo was used for the first time (with documentary proof).
How can I know if the similar mark is already registered?
A trademark search can be performed to check the availability of the brand name/logo.
How to search for trademark availability?
Trademark search can be done from the Trademark Registry
Can I get global trademark?
No. Trademark is territorial in nature that means if you get trademark in India then it will be valid for India only.
What is the validity of Trademark registration?
The registered trademark is valid for 10 years from the date of filing of application. The trademark can be renewed further.
How to renew the TM?
An application can be filed for renewal of trademark in proper format.
What will happen if I do not renew my Trademark?
The trademark will be removed and can be used by any person without any restriction.
What is the fee for Trademark filing?
The statutory Govt fee is Rs. 4000/- per application and professional fee is Rs. 4850 per application (including disbursements)
How can I track my application?
The application for the trademark can be tracked from the Trademark Registry website. Below is the link to check the status of the application:http://184.108.40.206/eregister/eregister.aspx
Can I assign my Trademark to someone else?
Trademark can be assigned/licensed to the third party.
When can I use symbol R or TM?
Symbol “TM” can be used after filing of trademark application. “R” should be used only after registration of trademark.
I don’t have a TM but I am using the brand name since long time. Can I register it now?
Yes, you can go ahead and file it. Trademark is normally given to protect the identity of a brand. The longer your brand is in the market, better the chances of getting your trademark.
I am developing software, Should I file TM for product or service?
If the software is a product then it should be filed under product class. If the software is a product which is also providing services, then it should be filed under both the classes (product and services).
Can I apply for a registered TM in different class?
Yes, you can do that. If a trademark is registered in a class then it will be valid for that particular class only.
I have a different spelling in my brand name. Can I file TM for it in the same class?
If the brand name is phonetically similar with any other trademark then it will be objected by the examiner.
What is trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What is trademark opposition?
When a trademark is advertised by the Trademark Registry in Trademark Journal, then the third party can oppose the registration of trademark within the prescribed time.