Trademark

Trademark is a kind of Intellectual Property of a business in form of a name, word, label, logo, slogan, symbol, numeral or device used to differentiate its goods or services from the other goods or services of similar form or use. A Trademark, when registered, becomes the Intellectual Property used for commercial purposes by the company and gives certain Intellectual Property Rights (IPR). These IPRs prevents anyone from using, selling, copying or distributing the registered Trademark without proper permission or license.

A Trademark registration can be done if it is distinctive and original. Any mark that is identical or similar to an already existing registered Trademark cannot be registered. Any trademark that is deceptive, offensive, generic or containing a protected emblem cannot be registered. The Trademark Act, 1999 lays down the provision for registration of Trademark and the Controller General of Patents Designs and Trademarks deals with trademark registration in India. Once the ® symbol is assigned to the Trademark, it is valid for 10 years, which can be easily renewed for another 10 years.

Hassle-free Trademark Registration Online

What documents are required for Trademark registration in India?

The documents needed to register a Trademark online includes the following:

  1. Identity proof like Aadhaar card, Voters ID card, Passport or Driving License.
  2. Business proof like Registration Certificate, Partnership Deed or Certificate of Incorporation.
  3. The word, logo or slogan to be registered.
  4. User Affidavit
  5. Power of Attorney

What is the Trademark registration process?

The process to register a Trademark online includes preparing an application for Trademark registration after all the documents are submitted. After this, the application or the Trademark registration form is submitted to the Trademark Registrar for approval. The owner can start using the Trademark immediately after the application is submitted. The application is then processed and open to objections. In case of no objections, the Trademark Registrar publishes an advertisement in the trademarks journal and after 6 months, the Trademark is registered.

FAQs

Which trademarks cannot be registered?
A Trademark that is identical or deceptively similar to an already existing registered Trademark or a Trademark for which an application has already been filed cannot be registered. Additionally, a Trademark that causes confusion or deceives the consumer or contains any geographical name, common name, trade words, offensive words or common abbreviations cannot be registered.
What is a Trademark Class?
The Trademark Registry has classified goods and services under different Trademark classes. A Trademark registration application must include the class or classes under which the Trademark for any goods or services is to be registered.
How many Trademark classes are there?
There are 45 Trademark classes divided in accordance with different kinds of products and services.
What is the validity of a Trademark in India?
A Trademark registration is valid for a period of 10 years. However, a Trademark renewal application can be filed to renew the term, along with a requisite renewal fee. A Trademark can be renewed for indefinite number of times.
What is the difference between a Trademark and Copyright?
Trademark is a type of IPR that protects the identity of a business in form of word, symbol, slogan or logo Trademark registration. On the other hand, Copyright is a kind of IPR that protects a creator’s original artistic, literary or musical work in form of a book, song, video, music or software Copyright registration.
Is a Trademark registered in India valid in other countries as well?
No, a Trademark registered in India is only valid in India. However, Trademark registration done in India can be used to register a Trademark in other countries.
Can I register my Trademark without Trademark search?
You must conduct a Trademark search in order to make sure that your Trademark is not similar or identical to an already existing trademark, and does not receive any objections or gets rejected by the Trademark Registrar.
Can I complete my Trademark registration without a lawyer?
Trademark registration can be done only by a Trademark lawyer or a Trademark Agent.
Can I register a Trademark in more than 1 Trademark Class?
Yes, you can apply in multiple Trademark classes for the different kinds of products or services you currently deal with or will deal with in future.
How does Legistify help in filing of Trademark application?
Legistify connects you with a Trademark expert who assists you in drafting and filing of your Trademark application. With Legistify, you can get your Trademark registration done without having to deal with the formalities yourself. NOTE: This package does not include any legal work after the filing of your Trademark application.