Trademark Registration
WHAT IS TRADEMARK REGISTRATION ?
- Registration of a trade mark gives to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or service.
- Further, the registered trademark can obtain relief in respect of infringement of the trade mark in the manner provided by the Act.
- The registration of a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country.
What is a trademark, and why is it important?
A trademark is a unique symbol, word, phrase, or design that distinguishes your goods or services from others in the marketplace. It's important because it helps build brand recognition and protects your brand from unauthorised use by competitors.
How do I choose a strong trademark?
A strong trademark should be distinctive and not descriptive. It should be unique and not commonly used in your industry. Your consultant can help you select a strong trademark.
What are the different types of trademarks in India?
In India, you can register trademarks for goods and services. This includes word marks, logo marks, composite marks, and even non-conventional marks like sound marks and scent marks.
How long does the trademark registration process in India take?
The registration process typically takes around 12-18 months, but it can vary depending on the complexity of the application and potential objections.
What is the cost involved in trademark registration?
The cost can vary depending on various factors, including the type of trademark, the number of classes you want to register in, and any legal fees. Your consultant can provide you with a cost estimate based on your specific situation.
Can I apply for a trademark on my own without a consultant?
Yes, you can apply for a trademark on your own, but it's highly recommended to work with a consultant to ensure the application is properly prepared, reducing the risk of rejection or objections.
What is the difference between a trademark search and a trademark registration?
A trademark search involves checking existing trademarks to ensure your desired mark is not already registered. Trademark registration is the process of filing an application to protect your mark. A search is a crucial first step to assess the availability of your mark.
What happens if my trademark application is opposed?
If your application faces opposition, it will go through a legal process. Your consultant will help you respond to the opposition and, if necessary, represent you in legal proceedings.
How long does a trademark registration last in India?
A registered trademark in India is initially valid for ten years. You can renew it indefinitely for further ten-year periods as long as you continue to use it and pay the renewal fees.
Can I use the ® symbol once I've applied for trademark registration?
No, you can only use the ® symbol after your trademark is registered. Until then, you should use the ™ symbol to indicate that you are claiming rights to the mark.
DOCUMENTS REQUIRED
- Self certified copy of Adhaar Card
- Certificate of Incorporation (in case of Private limited companies)
- Name of Trademark / Photo in Square Format