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Trademark Search :Conduct a comprehensive trademark search to ensure that your proposed trademark is unique and not already in use by another party. This helps avoid potential conflicts and rejection during the registration process.
Filing the Application :Prepare and file a trademark application with the relevant intellectual property office or authority in your jurisdiction. Include details such as the trademark, goods or services associated with it, and the owner's information.
Examination and Review :The trademark office will examine your application to ensure that it meets all legal requirements and does not conflict with existing trademarks. This may involve a review of the application and any supporting documents provided.
Publication and Opposition :If the trademark application is deemed acceptable, it will be published in an official gazette or publication for a specified period. During this time, third parties have the opportunity to oppose the registration if they believe it infringes on their rights.
Registration and Maintenance :If no oppositions are received, or if they are successfully resolved, the trademark will be registered, and a certificate of registration will be issued. Maintain the trademark by renewing registration periodically and taking action against infringers when necessary.
A trademark is your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receiving ™ Application number you can start using ™.
Any trademark, which is identical or deceptively like an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registered as a trademark.
Getting trademark registered has a number of business benefits such as:
The Nice Classification (NCL) is an international system used to classify goods and services for the purposes of the registration of marks. It has total 45 classes (1-34 for products and 35-45 for services).
Yes, one can register a trademark even before starting a business.
No. Trademark is territorial in nature which means, if you get a trademark in India then it will be valid for India only.
The registered trademark is valid for 10 years from the date of filing of an application. The trademark can be renewed further.
Symbol “TM” can be used after filing of a trademark application. “R” should be used only after registration of a trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
Trademark infringement is the unauthorized use of a trademark or service mark on or 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 distinctive to the goods or services they represent. The registrations are product/service specific and are made of a “Class” of goods or service it represents. The trademark registration will, therefore, be valid for the entire class of goods or service it represents.
Yes, the authorities mandate it for applicants to verify all the documents they submit including the application for trademark registration using a Class III Digital signature. Our experts will help you e-verify the documents.
