Overview

What Is A Trademark?

A trademark is a distinct symbol or name used to represent your brand. Once registered under your name, it becomes your business’s identity and cannot be used by any other company.
Trademarks That cannot Be Registered
A trademark will not be registered if it is generic, deceptive, not distinct with a likelihood to cause confusion or offensive.

Advantage of Trademark Registration

01

It helps you to build loyal customer base while competitors from similar names are selling their products or services using your name.

02
It also prevents any confusion clearly identifying from which business house a product or service originates.
03
It protects the goodwill earned by your business.
04
It is the intellectual property of a business needs to be cautiously protected with proper registration as this will be needed in the future.

Disadvantages of Not Registering Trademark

Any business that has not registered its trademark will not be able to avail of the legal protection under the Trademark Act.

Validity of a Registered Trademark

A trademark registration is initially valid for 10 Years (From Date of Registration) and thereafter subsequent renewal will further extend.

Process of Trademark Registration

01
Search Trademark
02
Select Trademark Class
03
Pre-draft on TM-A
04
Submit Application
05
Regular Update

Document Required For Registration

  • Applicant’s Name
  • Type of Business
  • Objective of Business
  • Brand/Logo/Slogan
  • Registration Address
  • Identity Proof of Owner

Trademark Classes

To facilitate easy classification of businesses the Indian Trademark Registry has assigned groups (classes). There are 45 classes in total which group various product and service offerings. This basically brings any business you choose to pursue into any one of these 45 classes.

R Symbol

Upon registration of your trademark, you will be allowed to use the R symbol to denote that the trademark has been registered and enjoys protection under the Trademark laws of India.

TM Symbol

The TM symbol is generally used to indicate that there has been a trademark application filed and pending before the Trademark registry and serves as a warning to infringers.

SM Symbol

SM symbol is used for the service industry. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.