WHAT IS Trademark?


A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. A SERVICE MARK is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.  



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Who Can Apply For A Trademark ?


Any person can apply for registration of a trademark to the Trademark Registry under whose jurisdiction the principal place of the business of the applicant in India falls. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the company’s favor.



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Trademark means any symbol, word, name, device, numerals or combination of both, which can be represented graphically can be registered as a trademark. A trademark is a unique symbol which distinguishes your goods or services from others. A Trademark is registered in India under Trademark Act, 1999, which allows the owner to enjoy exclusive ownership of the Brand Name/ Logo under which it is registered. Names Invented words Numerals Letters Devices Combination of Colors Shape of goods Slogans Signatures Sound marks

Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.

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, a 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 are not acceptable to Register a Trademark.

A copy of the logo/trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required along with Board Resolution to authorize the Director. Further, any documents to claim User Date, if any, are to be provided as proof.

Following marks can be registered under Indian Trademark Law:

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offence, with penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

Usually it takes at least 15 to 20 months for the registration of the Trademark applied, after which the owner can use (R) symbol beside the Trademark. However, as soon as Online TM Application is made, the applicant can start using the TM symbol. According to the verification procedure, the registration may get delayed.

The Online Trademark Application filed under Trademark Act, 1999 is verified and registered in India and will be valid only in India.

Many start-ups register a Trademark in the name of the founder, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.

It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.

The Registration is valid for 10 years from the date of application and may then be renewed for a period of 10 years within 6 months of the due date of expiry of the 10 years.

If you have valid documents issued by Start up India (an initiative by Government of India), your start up gets qualified to avail 50% rebate on government fees.

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