What is a Trademark?
Trademark is an intellectual property consisting of recognizable sign or design in order to identify
products or services from a specific source, although trademarks that are used to identify services are
called service marks.
What can be registered as a Trademark?
A trademark is basically any word, name, symbol etc. which is used to identify and distinguish products
or services of one specific seller or service provider from those of other competitors in the market. It
also indicates the source of the products or services.
What Trademarks are not Registrable?
The TM logo indicates an unregistered trademark which is still distinguished from similar products or
services. According to the Trademark Act, an unregistered Trademark does not get total protection and
cannot prevent a third party from using the same mark.
What is Trademark class?
A Trademark classification is a procedure by which examiners and the trademark attorneys arrange the
required documents including trademark and service mark application, according to the description of
goods to which the marks are applicable.
How long Does it take to file a Trademark application?
Filing a Trademark application usually takes around 18-24 months.
What are the documents required for Trademark filing?
Trademark filing requires the below-mentioned documents
- Copy of Logo (optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address proof of the applicant
When Can I Use ™ Symbol?
Once the trademark application is successful, you receive an acknowledgement providing you the right
to use the TM symbol. After the registration of it, you can use the ® symbol.
What if someone has a similar word trademarked?
Though you can’t get the word but still all is not lost. You can design a unique logo instead for your
business and include the name in it like BMW. The name is within the logo making it a great example. A
prefix could also be permissible. This is known as a logo composite mark. Though there is a way out, it is
best to have a unique name.
Do you guarantee approval of my trademark?
The approval of the trademark completely depends on the judgment of the Government. But, if the
trademark is unique, then there is a nice chance that it will be granted.
What is the difference between trademark, copyright and patent?
It protects original works in the form of intellectual property (literary, dramatic,
musical, artistic etc.). A business can copyright its books, reports, audio or video materials.
It protects words, names, symbols, colors etc that distinguish products and services
from those of others. It indicates the source of the goods. A company can register its business
name, logos, slogans, etc that creates the brand image of a company.
Government grants an exclusive right to an inventor for an invention for a limited period
of time in exchange for the disclosure of the discovery to the general public.
What are the different kinds of trademarks I can have?
- A name (personal or surname of the applicant or the person’s signature)
- A newly coined or invented word or any other arbitrary word from dictionary, not being vividly
descriptive of the character or quality of the product or service
- Alphanumeric or letters or numerals or combination of them
- Image, Symbol, Monograms, 3D shapes, letters etc.
- Sound marks in audio format.
How long is a registered trademark valid for?
Registered Trademarks are valid for 10 years from the date of filing the application. The trademark
owner can file for renewal of the trademark to keep it protected for more time prior to the end of the