What is Trademark?
A sign, design or expression used for distinct your products or services from others is called TRADEMARK.It creates your unique Identity in the Market.
Registration of Trademark
Registration of a trademark protects the entity’s brand from being stolen by other. This helps to keep away from unnecessary legal proceedings. This particular brand or symbol once registered becomes an intangible asset for a business which helps to protect the entity’s investment. A trademark can be registered if it is not similar to another entity’s symbol. This gives a separate identity to your own products or services. Also, if a trademark is offensive, generic, deceptive, similar to another trademark, contains specially protected emblems, etc., then it cannot be registered. Just the registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.
Once the Trademark is registered, it is valid for Lifetime but it should be renew on every expiry of 10 yearsfrom the date of application.
There are Total 45 class under which one has to search under which class its business falls. Class 1 to 34 cover goods and Class 35 to 45 Cover services. Multiple- Class application can be done to seek Registration for more than one class and to streamlines the process but you have to be very cautious before filing a multiple class together as it increase chance of rejection of the application so it is suggested that if you are 100 % sure that your name is unique or distinct from others than only file multiple class together.
Note: Even if you have registered your Company still your Company’s name is in danger as any other individual who makes an application for Trademark of same name which you are already possessing may even file a suit against you within 3 years of your company formation or change of name of the Company. And Because of which Central Government may direct you to rectify your Company Name.
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Departmental Liasioning for Early Publication
Attending 3 dates of Hearings before the registrar
Drafting & filing of representations and evidence
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Frequently Ask Questions on Trademark:
What is a trademark?
The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
How to select a good trademark?
Please avoid selection of a geographical name, common personal name or surname. 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.)
Who can apply for a trademark?
Who benefits from a trademark?
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same.
The Purchaser and ultimately Consumers of goods and services get options to choose the best.