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For Trademark Registration

Documents For Trademark

Registration

Documents confirming applicants name such as Driving License/Aadhaar Card/PAN CardBusiness Type
Prime Objective of the BusinessName of the Slogan/Brand/Logo
Registration Address

Benefits of Trademark Registration

Legal Protection

If you are informed of an infringement regarding the registered trademark under your name, you can easily take the case to court for legal protection.

Business Opportunities

Having a trademark serves as an asset that is intangible with high value upon success. With registered trademark you can allow your business to earn a good amount via royalties.

Unique Identity

With trademark registration, you create a unique identity of your business for the customers. Once registered, any other business attempting for registration of same slogan or words shall be prohibited.


Types of Trademark Symbols

R Symbol

If your brand has been registered under the ® - R Symbol, you can easily protect the trademark from any infringement safeguarded with trademark laws.

SM Symbol

SM symbol is provided to the ones in service industry filed under class 35-45.

TM Symbol

™ - TM Symbol © is generally used with a trademark that is unregistered. It essentially warns the person against possible infringement.

C Symbol

© symbol is usually preserved for the content that has scope for being copyrighted.


About Trademark Registration


Trademark registration is the process under which a person or brand legally lists the characteristic identity of the same. It can be anything from brand name to the brand’s logo. Having a trademark caters you the commercial rights of the registered idea. You can sell, use, modify, or do whatever you please with the same post registration under the act. A trademark is registered under 45 different classes or categories.

  • Basic Package
  • 6299 __
  • Apply for trademark registration in one class and track status.
  • Get Started
  • Standard Package
  • 7499 __
  • Prepare Feasibility Report + Apply for trademark registration in one class and track status.
  • Get Started
  • Premium Package
  • 14699 __
  • Prepare Feasibility Report + Apply for trademark registration in one class and track status Brand + Logo designing from professional artist.
  • Get Started
Frequently Asked Questions
What is a trademark class?

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.

What trademark applications are commonly rejected?

If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can’t register the word ‘car’ for a car brand, but may do so for a brand of electronics.

When can I use the ™ symbol?

As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.

How can I run a trademark search?

Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name. 
If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.

What if my trademark is taken, but under a different class?

If your brand name has already been registered, but under a different class, you’re still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.

What if someone has a similar word trademarked?

You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.

Do you guarantee approval of my trademark?

It depends entirely on the government’s judgement. But if it is unique, it is highly likely that it will be granted.

Should I file the trademark in my own name?

Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.

What are the different kinds of trademarks I can have?

Any expression of your brand that distinguishes it from all other brands can be trademarked. This, therefore, includes your brand name, logo or slogan. New brands need only bother themselves with these three types, though more successful brands, that have much more to protect, trademark much else. Levis, for example, has trademarked the position of its red label on all its jeans. Cadbury’s fought hard to maintain exclusive rights to use the colour purple on packaging for chocolate, but ultimately lost the dispute with Nestle. Young start-ups, however, tend only to trademark a word or logo or else register a logo composite mark (when text is included within the logo).

What is the difference between trademark, copyright and patent?

Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance.
A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.

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