Frequently Asked Questions

What is Trademark?

"Trademark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.

Who can apply for Trademark?

The trademark can be applied by anyone who uses or proposes to use the brand name, mark, or logo for commercial purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency.

What can be Trademarked

1. Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.

2. Any Slogan, Base or Punch Line, etc. which are used to describe any product better.

What are the Advantages of Trademark Registration?

1. Protects your hard earned goodwill in the business.

2. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill.

3. Gives your products a status of 'Branded Goods'.

4. Gives an impression to your customers that the company is selling some standard Products or Services.

5. The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered.

6. To obtain relief/damage in case of infringement (misuse by others) of the trade mark.

7. Power to assign (transfer) the trade mark to others for a price.

What is the Term/Duration of a Trademark in India?

The term of registration of trademark is 10 (Ten) years, and can be renewed for next 10 year. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.

Who can use the 'TM' and ® symbols?

Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his/her exclusive claim. The claim may or may not be valid. The registration symbol ® , shall only be used when the mark is registered.

Can I apply for my logo, name and tag line in single application?

Yes, you can apply for your logo, name and tag line in one application. But, it could prove an obstacle, as multiple marks or class could have multiple objections and it may create hurdle for one of the mark or class which may not have any objection.

Why to file reply to Trademark objection / Trademark Examination Report?

Reply to Trademark objection report is required to submit within 30 days of issue of the report. If applicant fails to file legal reply, the trademark registry may cancel the trademark application and update the status of the application as Abandoned.

Does my trademark would be valid outside India?

No, Trademark registered in India, would be valid only in India.

When do I get my Trademark Registered?

A Trademark normally takes 12 to 15 months to get registered, this is due to stringent process followed by the Trademark Registry.

How to reply to trademark objection?

For preparing reply to trademark objection requires legal knowledge and drafting skills. Our Experts will prepare and file reply for you.

What is next after filing reply to Trademark Objection?

The reply is submitted online by our team and you receive an acknowledgment of the reply. The PDF copy of Reply is uploaded on Trademark Registry website under your application status.

The Status will still be shown as Objected until the Registry reviews the reply and accepts the trademark or rejects it. Normally this process takes around 6 to 8 months.

Why to conduct trademark search?

It is important to conduct a trademark search, so that one can know whether the same or similar name has been used or not by others. And the trademark should be conducted before incorporation of a company name. However, a comprehensive search does not guarantee registration of Trademark.

Does application made for my trademark would be approved without any rejection?

Since it is a Government process, the acceptance of your application rest in the hands of the Government. We can conduct trademark search and apply on behalf of you, but we cannot guarantee that your trademark would not be rejected.

What is an Trademark Objection / Trademark Examination Report?

An objection is raised by the Trademark Registry in order to enquire about your usage of TM. For this you have to appear for hearing, but we would take care of the hearing by appointing Trademark attorney for your case. After the hearing if Trademark Registry satisfied with you then they would approve your application, if not, there are possibilities for rejecting your Trademark application.

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