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What Is Trademark?

A trademark (prominently known as brand name) in layman’s language is a visual image which might be a word signature, name, gadget, mark, numerals or blend of hues utilized by one endeavor on products or administrations or different articles of business to recognize it from other comparable merchandise or administrations starting from an alternate endeavor. The legal requirements to register a trademark under the Act are:

  • The chosen imprint ought to be equipped for being spoken to graphically (that is in the paper structure).
  • It ought to be equipped for recognizing the merchandise or administrations of one endeavor from those of others.
  • It ought to be utilized or proposed to be utilized imprint in connection to merchandise or administrations to show or in order to demonstrate an association over the span of exchange between the products or administrations and some individual reserve the privilege to utilize the imprint with or without character of that individual.

According to the Trademark act, Trademark registration in India assists the candidate or the trademark proprietor with safeguarding his logo or trademark. Trademark enlistment additionally stays away from duplication inside the trademarks.

WHY TRADEMARK REGISTRATION IS IMPORTANT IN INDIA

Unique Identification: Products and services provided by the business are uniquely recognized by consumers and audiences. This helped to build a market reputation and thus, became the face of the business unit. This ensures sole ownership of a particular symbol, logo, name, such that it is not misused.

Exclusive right: The right to use it exclusively in relation to the goods and services offered by the business entity.

Legal protection: Once a trademark is registered, the owner can sue for infringement of the existing trademark. Thus, it provides some legal protection in the following situations:

Before a merchant makes his trademark

In this process the trademark can be found through a database or trademark registry as a possibility of infringement.

In cases when a trader tries to register an existing brand name in the trademark registry, it will be objectionable at the Trademark Office.

In case of infringement, is able to obtain the right to claim under certain conditions.

Building trust or goodwill: Serving quality products and services under a registered trademark creates an image of the business entity in the market. It also portrays that the business cares about brand building and that it passes on positive values about the brand to customers or the public.

Global Permit: Trademark registration in India helps domestic traders get in touch with the global market through the international trademark system. It is important to note that NRIs and foreigners are also eligible to register trademarks in India. On the other hand, Indians can register their trademark globally.

Protection against infringement claims: Once a trademark is registered, the person can be sure of infringement claims. This means that if a trademark has been entered, one may require a reasonable legal evidence to defend against the trademark.

Market Value: A trademark standardizes the product and services provided by the business entity in the market. It creates value for the brand such that it is easier for the customer or potential customer to market the company or brand.

Hypothecation or protection: A registered trademark may be converted for the purpose of securitization for the purpose of securing debts. Here it is mortgaged in a similar way as an immovable property is made bonded.

Intangible Property: In the legal sense, a registered trademark is often referred to as an identifiable intangible asset. It connects to the reputation or goodwill of the product.

Right to use the symbol R: Once registered, one can use the symbol for the goods and services listed in the registration.

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

You recognize a registered trademark by a symbol of a circle-R followed by a 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 whenever you mention your intellectual property in print, it is a best practice to use Circle-R or Circle-C for copyright. These symbols give the legal basis for claiming damages in trademark litigation. The following is a list of some specific signs that you can use on a web page, in written content, or even in a marketing letter.

TM: The TM sign shows the brand name for unregistered trademark classified as a product (classes 1 to 34). Swami uses this symbol to mark what they believe is their brand mark.
The SM: SM symbol is similar to the TM symbol except that it bears a service mark (classes 35 to 45).
®: ®: Use the ® symbol after entering the trademark or service mark. This indicates that the country authority has approved the registration.
©: Use the © symbol to mark a copyright. The term is a replacement sign to follow with the year of copyright, publication and owner’s name. Use whether the work has received copyright registration or not.
Patent Pending: The phrase patent pending shows that you have filed a patent application but cannot guarantee approval of the application.

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.

Required Documents

Applicant office


Applicant’s / Company Name


Business Type


Business details


Brand/logo/slogan name


Office / Business address

Basic

5499
  • Free Trademark search report
  • Apply for trademark registration in one class and track status
  • Update Status

Standard

6999
  • Apply for trademark registration in one class and track status
  • MSME Registration
  • GST Registration
Popular

Premium

8999
  • MSME Registration
  • GST Registration
  • Apply for trademark registration in one class and track status
  • Free trademark objection Reply file

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FAQ

The person who has registered his trademark can use various benefits, such as registered owners can create, establish and protect their trademark, this person has full rights

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.

Trademarks should be easy to speak, spelling as well as easy for everyone to remember. Trademarks should not include geographic names, common or personal aliases. Avoid using big words or words which describe the quality of the product.id.registration

LegalStartup will help you register your trademark with an easy process. Here you do not have to meet an agent, just relax at home and complete the registration process.

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.

Yes, foreign owners can apply for trademark registration in India.

Yes, this is possible under Indian Trademark Law where a multi-class application can be filed.

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