Trademark
What is a trademark?
A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receiving ™ Application number you can start using ™ .
What trademarks are NOT registerable?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
Why should I file application for trademark?
Getting trademark registered has a number of business benefits such as
- 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 goodwill 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 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.
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. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
Who can apply for a trademark? How can an individual/business apply for a trademark?
Any individual/proprietor/business can apply for a trademark. In order to apply for a trademark any business/proprietor may in writing in prescribed manner for registration make an application to the Indian Patent Office.
The application should contain the trademark, the nature of goods/services, name and address of the applicant, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The trademark application can be submitted in-person at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.
Documents required for Trademark Registration
Trademark registration in India is a process that should be carried out under expert guidance.
The list of documents required to obtain Trademark registration are:
- Identity proof of the trademark owner
- PAN
- Passport.
- Aadhar Card
- Certificate of Incorporation ( In case of a Private Limited Company or an LLP)
- UdyogAadhar Registration
- Logo if it is applicable and available
- Address proof
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