TRADEMARK
REGISTRATION

Trademark is any sign, mark, word, colour, phrase etc which is used to identify and distinguish your goods from similar goods manufactured and marketed by others.

Eg.: Google, TATA, Wipro, CLOCK, BAJAJ, BATA, BENZ , ENFIELD BULLET,BISLERI, HONDA, HORLICKS, INTIMATE, Infosys, BIOCON.

A Service Mark is nothing but a Trade Mark for a Service Provider.

Example of Service Providers: Educational Institution, Training Institute, Driving school, Tailoring shop, Hotel , Restaurant , Resort, Banking company, Insurance Company , Financial Services provider, Hospital, Software Solution provider, Website design company, Travel Agency, Call Centre, Builder, Electrical , Plumbing Contractor, Advertising Agency, Marriage Bureau, Recruitment agency etc.

• Trademark can help to identify the goods of one trader / manufacturer and distinguish similar goods sold / manufactured by others.
• Service Mark can help to identify the services provided and distinguish similar services provided by others.
• It adds reputation and goodwill to the business.
• It acts as prime instrument in advertising and the selling the goods /services.
• It stimulates further purchase.
• It serves as a badge of loyalty and affiliation.
• It may enable consumer to make a life style or fashion statement.

The Registered Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.

• Name - personal or surname of the applicant or predecessor in business , firm name, company name, abbreviation of name & domain name.
• An invented word or any arbitrary word or words, not being directly descriptive of the character or quality of the goods/service.
• Letters or numerals or any combination thereof.
• Devices, including fancy devices or symbols
• Monograms
• Combination of colors or even a single color in combination with a word or device
• Shape of goods or their packaging
• Marks constituting a 3- dimensional sign.
• Sound marks

• It should be capable of distinguishing goods or services of one person from those of the others.
• It should be capable of being represented graphically.
• If it is a word it should be easy to speak, spell and remember.
• The best trademarks are invented words or coined words.
• Please avoid selection of a geographical name. No one can have monopoly right on it.
• Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)

Any individual / partnership firm / One Person Company / Private or Public Limited Company / Limited Liability Partnerships (LLPs) / trust or any legal entity holding a brand can apply for trademark

Yes, to make sure that no exactly identical or similar Trademark/Service mark is registered. If the trademark/service that is developed or designed by you is exactly identical or similar to others, you will not get Trademark/Service mark registration. It is advisable to approach us to do search at Trademark office to ascertain if same/similar mark is already registered.

Once application is filed you can use alongwith your brand till registration. In case of final registration , you can use ® along with your brand .

The service industry uses this symbol as an indication of their service mark.

Using ® on your products / services without proper certificate from Trademark Registry, is an offence under Trademark Act punishable with imprisonment for a term which may extend to three years or with fine or with both.

Basic details are needed like your name, company name, address etc. As far as documents are concerned, you need to provide an attorney authorisation letter and user affidavit (if brand is in usage). The logo /mark shall be given in jpeg format with 8 cm x 8 cm dimension.

No DSC is required for Trademark Registration.

If no objection is received from Trademark Registry or no opposition is received from any third party, normally registration certificate is issued in 7-9 months.

If you are an individual / proprietor / Startup, Govt. charges Rs. 4500. Whereas for Pvt Ltd Co / LLP / Partnership Firm / Trust, Rs. 9000 is applicable as Govt Fees. check here

Yes, for Pvt Ltd Co / LLP / Partnership Firm can get 50 % exemption in Govt Fees if they are a small enterprise or a start up entity registered with department of promotion of industry and internal trade.

Term of registration of a trademark is ten years, which may be renewed for a further period of ten years on payment of prescribed renewal fees.

Non-user of a registered trademark for a continuous period of five years is a ground for cancellation of registration of such trademark at the behest of any aggrieved party.

Yes. You can do so. But applying in color means you are limiting yourself to use trademark only in that particular color. However, if you apply in black and white, then you can use your trademark in any color.

Yes; but has to pass all the formalities as in the case of other trademarks.

We have a team of experienced trademark attorneys who can guide and help you to file your trademark application without any trouble. Once the trademark registration work is entrusted to us we will follow up it till you get trademark registration and follow up details will be updated immediately without any time gap.

We provide the service of trademark registration completely on line viz trademark consultation, trademark documentation, filing trademark application and getting trademark registration certificate. Hence the trademark applicant need not physically visit our office. We will be always available through whatsapp, mobile, email and chat window.

It depends entirely on the judgement of Registrar of Trademarks. But if your trademark /service mark is unique, it is highly likely that it will be granted by Registrar of Trademarks.

You can't get the trademark, but you can still try some other way with appropriate modifications.

In case your logo or brand name is already registered by someone else, we help you find ways to modify it to make it registrable.

If you have been using the trademark before the same was got registered by others , you can claim priority over the other person. And, you can also seek other legal remedies such as passing off .

If your brand name has already been registered, but under a different class, you have chance to get it registered unless the already registered trademark is too well known (McDonald’s or Infosys, let’s say).

Yes

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