A Trademark is essential for building the brand. A Trademark gives the commercial rights to the owner of the Trademark to sell a particular brand name. Trademark is segregated as per the NICE classification for a trademark into 45 different classes. NICE classification is also known as the International Certification of Goods and Services. Every class of Trademark represents a distinct set of goods and services. Among the 45 classes of Trademark, 34 classes come under the Goods section, and 11 classes come under the service section.
Trademark registration enables owners to easily establish their right to the trademark and earn royalties. Trademark also protects the Brands and prevents similar company names or brand names from being registered by other businesses or competitors. In India, ™ can be used immediately after filing the Trademark Application (Form TM-A) to the Registrar of Trademark, but it takes up to One year for it to be registered. Only after registering the Trademark you can use the ® symbol.
If the business's activity involves various goods or services falling under different trademark classifications, Trademark applications can be filed in more than one class. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under another class. Hence, filing of trademark application under one class does not provide complete exclusivity over the mark's use. Trademark only includes exclusivity for the mark's use concerning the class of goods or services for which the trademark is registered.
It is very important to do a trademark search before filing a trademark registration application to avoid discrepancies. It is essential to choose the right class of the trademark as the mark's wrong classification can deceive the entire trademark registration process. CLICK HERE to search Trademark class.
At Startups Helpline, we are always available to assist you understand the process of Trademark Registration. Trademark Registration in India can be done through Startups Helpline in PAN India.
Trademark Registration gives you the exclusive right to use your registered Brand name / logo. No another person has the legal right to use your registered trademark without your prior written permission. If the registered Trademark is used by the another person without the owner of the Trademark, the registered trademark holder has a right to take legal action against him.
Trademark registration helps to establish a unique identity of the business. No other person can apply or use the registered trademark for similar goods or services.
Trademark is an intangible asset to the owner. The registered trademark can easily be transferable, sell and holder can earn the royalty out of it. Trademark creates a intellectual property for the owner.
Trademark brings the uniqueness to the product or service. Trademark easily creates goodwill, trust and sense of quality in the minds of the customer and stakeholders.
Registered Trademark are easily searchable over the internet. Trademark helps you to create brand awareness.
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A trademark refers to a word, letter, number, phrase, symbol, shape or combination which makes up a brand name or logo which identifies your product or services. A unique brand name or logo is used to differentiate a product/service as distinct from others in the industry.
Any trademark, which is similar to already registered trademark or for which is under the process of trademark application for registration, cannot be registered. If any trademark could cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation cannot be used for registration as a trademark.
The benefits included in getting trademark registered include: o Trademark registration helps the brand to get exclusive right on it. o Like all other assets and belongings of a company, Trademark registration protects your brand. o Trademark registration stops others from promoting same brand in same industry of business. o Trademark registration provides nation-wide protection for your trade.
The Nice Classification (NCL) is an international system used to classify goods and services applied for the registration of marks. It has total 45 classes in which 1-34 is for products and 35-45 is for services.
Yes, trademark can be registered before even starting a business.
At the international level, there are two options available: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO's Madrid System.
Validity of trademark is for 10 years from the date of filing of application but the trademark can be renewed further.
After filing of trademark application Symbol “TM” can be used and symbol “R” should be used after registration of trademark.
If trademark or service mark is used in an unauthorized way in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Trademark registrations are dependent on the goods or services they represent. The trademark registration is valid for the entire class of goods or service it represents.
For a company the government trademark registration fees are Rs.9000 per application per class and for individuals it is Rs.4500 per application per class for individual.
Yes, it is compulsory for applicants to verify all the documents they have submitted including the application for trademark registration using a Class III Digital signature.
Any individual/proprietor/business can apply for a trademark.
• In order to apply for a trademark any business or individual have to give writing in prescribed manner for registration, the application will be addressed to the Indian Patent Office. • The application should contain: the trademark, the nature of goods/services, name and address of the applicant, the period of use of the mark. • The application can be in any language either English or Hindi. • The trademark application can be submitted in three ways: either at the Front Office Counter of the respective office, can be sent by post or the application can be filed online through the e-filing gateway.
A trademark registration has a numerous business benefit: 1. Exclusive rights on the usage of trademark. 2. Protection of trademark like any other asset or belongings of any company. 3. Benefit of earning goodwill 4. It acts as a brand identity for the business in the market and the customers could recognize the brand with ease.
Following is some of examples of trademarks that can be registered in India: 1. A made-up word or any arbitrary dictionary word or words, which is not directly descriptive of quality of the goods/service. 2. Letters or numbers or any combination of both. 3. Monograms. 4. Devices or symbols. 5.. Shape of goods or the packaging. 6. 3D signs. 7. Graphically represented sound marks. 8. A single colour or a combination with a word/device/symbol. 9. Any name which include personal or surname of the applicant or predecessor in business or the signature of the person.
No, an Indian Trademark may not be valid outside of India.
Yes, it is advisable that before making an application for registration you should review trademarks that are already registered.
A trademark refers to a word, letter, number, phrase, symbol, shape or combination which makes up a brand name or logo which identifies your product or services. A unique brand name or logo is used to differentiate a product/service as distinct from others in the industry.
