FAQ - Trademark

What is Trademark?

Trademark is a name, device, mark or logo which is capable of distinguishing the goods or services of one person from those of others. Trademark may also consist of drawings, symbols, three dimensional signs such as shape and packaging of goods or colors used as distinguishing feature.

What does trademark indicate?

Trade mark is a discrete indicator used by a legal entity such as business house, individual or a firm so that the consumers can easily identify their product or services.

What is the importance of a trademark?

• It identifies the source of the goods/manufacturers.
• It acts as prime instrument in advertising and selling the goods.
• A registered trademark gives the right to exclusive use of the mark.
• A registered trademark serves as a proof of certificate in court proceedings.

What does a trademark guarantees?

• It guarantees consistent quality by showing an organization's commitment to its users and consumers.
• It is a form of communication, a basis for publicity and advertising.

How is trademark associated with the business?

Trademark is often associated with the brand itself so a good trade mark is almost synonymous to a good business and great line of products and services. Proper selection of the trademark is necessary for business as well as legal point of view.

How a does a trademark protects a business?

A strong trade mark creates an identity, builds trust, distinguishes you from the competitions, and makes communication between seller and buyer simpler. As lot of money and time is often invested in creating a brand name for itself, it is worth paying something to protect it from misuse.

How to select a trademark?

While selecting a trademark the following points to be kept in mind:

• A trademark is required to be capable of distinguishing the goods or services of yours from those of others.
• It should be a word or device or any combination of these.
• It should not describe the qualities or character of goods/services.
• It should be an invented or coined word.

How to select a trademark from business point of view?

From the general business point of view, the trademark shall be

• easy to pronounce,
• remember able, attractive and
• As far as possible short.

How to select a trademark from legal point of view?

From the legal point of view, the trademark should not fall under section 9 and section 11 of the Trademark Act, 1999 which mentions all absolute grounds for refusal, i.e. it should not be a personal name, surname, geographical name, name of a tribe / caste or refer to the character or quality of the goods. A good trademark should be an inherently distinctive trademark, preferably an invented or coined word.

Who can file an application for registration of trademark?

The owner or user of the trademark can file an application for trademark registration. Trademark can be registered even in the name of individual, company or partnership firm which can be represented by its proprietor or partner or director as the case may be.

How can I apply for registration of a trademark in India?

You can apply for registration of a trademark through a trademark agent or a trademark attorney who is registered under The Trademark Act, 1999.

What is the duration for registering a trademark in India?

The normal duration for obtaining registration in India is approximately 18-24 months from the date of filing application in a straight forward case. This would however depend on the contingent factors of the case.

Can I register a trademark before starting a business?

Yes, you can register a trademark before your business start up as propose to use mark.

What is the first step for applying a trademark in India?

First, you need to conduct trademark search in trademark registry, India, particularly in class(es) related your product/services. According to Nice Classification [an international classification of goods and services applied for the registration of trademarks and service marks], there are 45 classes for goods and services which can be registered under Trademark Act. Class 1 - 35 relates to products/goods and Class 35 - 45 relates to services.

Why to conduct trademark search?

It is important to conduct a trademark search, so that one can know whether the same or similar name has been used or not by others. And the trademark should be conducted before incorporation of a company name.

How can I conduct a trademark search in India?

If you are familiar with the details of classes then you can easily conduct trademark search in the trademark registry of India in the following link:

Public Search of Trade Marks In India

How can I check the class details of goods and services under Indian Trademark Law?

The class details can be check by following the link below:

Classification of goods and services - Name of the classes

What if my goods and services falls under more than one class under the class details for the registration of trademark?

In case your business falls under more than one class for registration then you should register it for all the classes of goods and services. Such an application can be filed as a multi class application for registration of trademark.

What will happen if I don't register my brandname but using the same for my business?

If you do not register your trademark you do not get an exclusive right over your trademark. You do not have legal rights over your trademark.

What is a registered trademark?

The law considers a trademark to be a form of property. A trademark establishes proprietary rights through the registration under Trademark is called registered trademark.

What is the difference between registered and unregistered trademark?

The basic difference between the protections available for registered trademarks and unregistered trademarks is that the former is a statutory remedy and the latter is a common law remedy.

Where can I check the status of trademark application after filing a trademark?

You can check the online status of your trademark application after filing by entering your application no. in the link given below:

Registered Trade Marks and Application Status Information

What if there is any objection from the Registrar of Trademark in the process of registration of a trademark?

If there is any objection in the process of registration of a trademark then you should file a response to such objection within a period of one month from the date of receiving such objection.

What if I do not file any response for the objection raised by the Registrar of Trade Mark in the process of registration of a trademark?

If you do not file any response for the objection raised by the Registrar of Trademark in the process of registration of a trademark, your trademark may be abandoned.

What will happen in case someone opposes for the use of my trademark?

In case someone opposes for the use of your trademark you should consult your trademark attorney and attend hearing before the competent authority giving evidence upon the honest and concurrent use of your trademark.

What is process of renewal of a registered trademark?

The registered proprietor of the trademark shall make an application to the registrar of the trademark with the payment of prescribe fees before the expiration of the original registration or of the last renewal of registration for the renewal of a registered trademark.

What will happen if I do not renew my trademark?

If renewal is not done within prescribed period of time then the trademark will be removed from the register.