Trademark (Individual)

^{Your brand name or logo, which identifies your product or services, is referred to as a trademark. A single letter, a single number, a single sentence, a single symbol, a single shape, or any combination of these can be used. A unique brand name or logo is used to set your product or service out from the competition. You must register your brand name or logo in order to provide legal protection. You can begin using TM after acquiring the TM Application number.}

^{A trademark cannot be registered if it is identical or deceptively similar to an existing registered trademark or a trademark for which an application for registration has been filed. Also, trademarks that are likely to cause deceit or misunderstanding, as well as trademarks that are objectionable, may not be registered. Geographical names, common names, popular trade phrases, and abbreviations are also ineligible for trademark registration.}

• ^{Registering your brand gives you exclusive rights to it.}
• ^{Treat your brand as you would the rest of your company’s assets and possessions.}
• ^{It will assist you in protecting your hard-earned goodwill in business, and you will}
• ^{Be able to prevent others from advertising the same brand in the same industry.}
• ^{It will provide you with national trade protection.}

^{The Nice Classification (NCL) is an international system for categorising goods and services in order to register trademarks. There are 45 classes in all (1-34 for products and 35-45 for services).}

Yes, a trademark can be registered prior to starting a business.

No. Trademarks are territorial in nature, which means that if you register a trademark in India, it will only be valid in India.

The registered trademark is valid for ten years after the application is filed. The trademark can be delayed indefinitely.

^{After filing a trademark application, the symbol “TM” can be used. Only after trademark registration should the letter “R” be used. Only the items and services indicated on the registration certificate are allowed to use the TM sign.}

^{Unauthorized use of a trademark or service mark on or in connection with products and/or services in a way that is likely to cause confusion, deceit, or error about the source of the goods and/or services is referred to as trademark infringement.}

Trademark registrations make the goods or services they represent stand out. The registrations are made under a “Class” of goods or services that it represents and are product/service specific. As a result, the trademark registration will cover the full class of goods or services it represents.

^{The government charges Rs.9000 per application per class for trademark registration. Persons must pay Rs.4500 per application per class in order to be registered a trademark with the government.}

^{Yes, the authorities require applicants to use a Class III digital signature to validate all of the papers they submit, including the trademark registration application. Our professionals will assist you with e-verifying the documents.}

A trademark can be applied for by any individual, proprietor, or business. To register a trademark, any firm or proprietor must submit an application to the Indian Patent Office in writing in the authorised format.

The trademark, the nature of the goods/services, the applicant’s name and address, and the length of use of the mark should all be included in the application. The application must be written in either English or Hindi. It should be filed in the proper location.

The trademark application can be submitted in person at the Front Office Counter of the particular office or via mail.

These can also be filed electronically through the official website’s e-filing portal.               

A trademark registration brings a slew of business advantages, including the following:

1. By registering your trademark, you gain exclusive rights to use it.
2.  Your trademark, like any other asset or property of your organisation, can be protected.
3. A trademark aids in the development of goodwill.
4. It establishes a brand identity for your company in the marketplace and makes it easier for people to recognise it.

Some examples of trademarks that can be registered in India are as follows:

1. A made-up word or a random dictionary word or words that aren’t exactly descriptive of the goods/quality. service’s
2. Letters, numbers, or any mix of the two are acceptable.
3. Personalized monograms
4. Signs or devices
5. The product’s or packaging’s shape.
6. Signs on three dimensions.
7. Sound markings that are graphically depicted.
8. One colour or a combination of colours with a text, device, or symbol.
9. Any name (including the applicant’s or predecessor’s in business’s personal or surname, or the person’s signature) that is commonly used in trade as a mark.

Yes, conducting a trademark search before filing an application for registration is recommended. It is fair to check trademarks that have already been registered prior to filing an application for registration to ensure the proposed trademark is not refused owing to resemblance with existing trademarks. It will save you time as well as money.

Avoid becoming embroiled in the legal quagmire that is copywright litigation. Keep your brand’s identity safe! Choose this plan to successfully register your logo and brand name.