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What Is Trademark?

Trademark is a distinctive mark that can be graphically represented and consist of words, symbols numerals or combination of colour used for distinguishing goods and service of one person from that of another person. Trademarks are popularly known as brand name or logos or trade name and are basically business identifiers. Goods or services are sold in the market under the said trade mark or the trade mark is attached to the said goods or services as a business identifier.
For example, Xerox is the trade mark for a photocopying machines and apple is trade mark for apple computers
Trademark may include names of person owning the business, numeral, invented words, and shapes, horizontal or vertical lines in any colour. Trademarks have over period of time acquired considerable significance especially in the business world owing to their inherent quality of being identifiers of business.

WHY TRADEMARK REGISTRATION IS IMPORTANT IN INDIA

The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ. Trademark registration helps the trader or the business holder to get several rights and benefits.

There are few reasons why trademark registration is beneficial and important in India.

  • Trademark helps to differentiate goods from the competitors.(Ex. Rolex Watch))
  • It indicates the quality of of product.(Ex. Iphone)
  • Helps to earn goodwill and establish a brand.(Ex.Reliance)
  • The brand can serve as a important factor to grab the attention of the customer.( Ex. Mercedes-Benz)
  • Trademark registration can increase sales volume.(Ex. Coca-Cola
  • Unregistered trademark may affect your brand reputation.

Trademark Registration Process

Documents Required For Tradmark Registration

Benefits Of Trademark Registration

What can be registered as a trademark?

What is the difference between TM, SM, ®, © ?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.

  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).

  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.

  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner’s name. Use it whether the work has obtained copyright registration or not.

How should I select a trademark ?

  • If it is a word it should be easy to speak, spell and remember.
  • The best trade marks 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)
  • It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.

FAQ

The one who has registered their Trademark can utilize various benefits, such as the registered proprietor can create, establish and protect their trademark, this person has entire rights to sue the person who has used the trademark illegally.services and required to be submitted to the government

Anyone who is claiming to become a proprietor and needs to use the trademark for his/her firm can apply for Trademark registration Online.
Legalstartup will help you to get the Trademark registration done in few simple steps.

The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.id.registration

Legalstartup will help you to register your trademark with easy procedure. Here you don’t need to visit an agent, just rest at home and complete the entire registration procedure.

No, a foreign trademark cannot be used in India, as a registered Trademark has specific locations where it can be used.

It is not illegal to run the business without registration of Trademark, but it is necessary to protect the Trademark.

It will take 6 months or more for completing the renewal of Trademark.

Visit Legalstartup website and apply for Trademark registration, you will find the easiest and efficient service from us

Yes, few changes are allowed subject to the terms and conditions under Trademark registration.

Yes, it is possible to remove the trademark form the register.

No, Trademark registration is not mandatory in India, but it is advisable that the trademark should be registered to avoid duplication.

The trademark in India is designated as ® (for registered trademark), ™ (Unregistered trademark)

The service mark is similar to the trademark, just the difference is that it defines the service by it.

A trademark application can be applied by anyone in India, the person should be the one who needs to claim for trademark registration.

Yes, the foreign proprietors can apply for Trademark registration in India.

Yes, it is possible under Indian Trademark law where the multi-class application can be filed.

Yes, Under section 22 of Trademarks Act, a registered trademark can be amended at a later date.

Yes, as per the laws the Trademarks do expire within 10 years, therefore the proprietor needs to apply for renewal.

A wordmark is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. Example Coca-Cola..

Yes, it is totally restricted to use competitors Trademark.

Basic

Rs. 5699*

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Free Trademark search report

 
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Rs.6999

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class and track status

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Premium
Rs. 8999

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