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A trademark is a type of intellectual property right in the form of a recognizable sign, design, or expression which identifies a service or product of a particular organization, person or source. Trademarks that are used to identify services are also called service marks. A trademark can be registered by a business organization, individual, or any other type of legal entity. It can be placed on a label, voucher, package, or on the product itself. Trademark is generally used for corporate identity and are also usually displayed on a company’s building or offices. It can not be used by any other person or organization. For instance, BAJAJ is a trademark of Bajaj Electrical Limited and HONDA is a trademark of Honda Motor Co. Ltd
The Trade Marks Registry was established in India in 1940, and presently it administers the Trade Marks Act, 1999 and the rules thereunder. Trademark organization in India also acts as a resource and information center in matters relating to trademarks in the country.
‘TM’ on a given logo stands for Trademark, and ‘SM’ stands for Servicemark. The use of Trademark and Servicemark symbols notifies the public that the company is claiming exclusive ownership of the trademark. It can only be used by one who has filed a trademark application.
Once the trademark is registered with the Trademark Authority and is published in the official gazette, the person can use © on the same.
The owner of the trademark is given an exclusive right to use the logo on the products. A trademark registered for one particular category can be used for all the products under that same category. An owner of the trademark can stop the unauthorized use of the trademark that he/she has registered.
Using a trademark for all the services or products you provide helps the consumers to recognize your brand, service or product by seeing the logo itself. It also aids in bringing brand awareness and building a loyal customer base.
A trademark for your brand or organization helps the customers to easily identify your products. It makes your products and services unique and also reflects your company’s vision and other qualities.
Consumers like to repurchase or reinvest in the products or services that meet their expectations and stand true to their standards. Registering a trademark provides you the exclusive ownership of the logo so that no other brand can use or register the logo.
A registered trademark becomes an intellectual property for an organization. It can assist in creating a privilege that can be franchised, sold, assigned, or economically contracted.
None of your competitors or associates can use your brand name without your exclusive permission once you have registered a trademark. It also aids in stopping others from using your trademark as well as penalize them for losses incurred by you
Any name, word, symbol, letter, slogan, surname, colour, phrase, shape, signature, packaging having a unique image of the company as well as showing the distinct quality of the products or services can be registered as a trademark.
A trademark application can be made by an individual, Company, LLP, government organization, trust or NGO.
Goods and services are classified in 47 categories for the Trademark Registration. Class 1 to 34 are for the goods, and class 35 to 45 is for the service.
A trademark search is a process in which the trademark selected by you is compared with trademark already registered with the Trademark Authority in India and Outside India in your class.
Mark (R) can be used once the trademark is registered with the authority. However, you can use the mark (TM) as and when the application for the same is made.
Trademark registration in India can take somewhere between 9 to 12 months for final approval. Once it is registered, a trademark can be used for the period of the ten years. It can be renewed after ten years and used for an indefinite period of time.
No, all these terms do not have the same meaning. Although all of them are used to protect intellectual property rights but are for the different types of property. A trademark is used to protect the logo or any unique mark of the company against the copyright that is generally used to protect a particular content in digital or physical form, whereas a patent is used to protect the method of doing, building or producing something.
A trademark application can be filed on your own also. Attorneys are generally costly and are needed only when the trademark has a lot of complications or objections are raised against the use of the same.
A person or business claiming to be an owner of Any Name, Symbol,Word, Numbers, Image or Sound
can apply for a trademark including:
(I) Individual
(II) Company
(III)
Proprietor
(IV) Society
No, before filling for the trademark our team shall carry a Trademark Search for the proposed trademark to assure that no objections are received for your trademark.
No, the above fees are only for filling the application and trademark search. The fees for the objection shall be charged separately.
Yes, as the trademark is an intellectual property right in the name of the owner, he/she can sell it.
Yes, one can register the same trademark in more than one type of class; however, a separate application is required to be made for all the types.
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