What is Trademark?
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 ™.
What type of trademarks are NOT registrable?
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.
Why should I file an application for a trademark?
Getting trademark registered has a number of business benefits such as:
a. Register your brand to get an exclusive right to it.
b. Protect your brand like other assets and belongings of your company.
c. It will help you to protect your hard earn goodwill in business.
d. You can stop others from promoting the same brand in the same industry of business.
e. It will give you nation-wide protection for your trade.
What is NICE classification?
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).
Can I register a trademark before starting a business?
Yes, one can register a trademark even before starting a business.
Can I get a global trademark?
No. Trademark is territorial in nature which means, if you get a trademark in India then it will be valid for India only.
What is the validity of trademark registration?
The registered trademark is valid for 10 years from the date of filing of an application. The trademark can be renewed further.
When can I use symbol R or TM?
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.
What is trademark infringement?
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.
Will my trademark registration be valid for all types of services and goods?
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.
Is digital signature mandatory for carrying out Trademark registration formalities?
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.
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