A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
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What is a Trademark Registration?
A trademark is a unique identifier, often referred to as a “brand” or “logo”. Once a trade mark is registered, the ® symbol may be used with the trademark. A Trademark is thus an intangible property of its owner and the owner has the authority to enforce it in the case of unlawful uses. A Trademark can be in various forms like Logos, Words, Shapes, Sounds and Smells-or any combination of these.
Trademark has no limited term of existence, the rights to use it may be lost due to misuse or lack of use. Trademarks are divided into 42 international classes, each class representing similar goods or services. Whereas a trademark may be registered under multiple classes, it is protected only in the class(es) relevant to the business or trade area of the item.
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Trademark application is filed with the Registrar, the Government processing will start. We will provide Trademark Certificate Soon.
What is a trademark class?
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
What trademark applications are commonly rejected?
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can’t register the word ‘car’ for a car brand, but may do so for a brand of electronics.
When can I use the ™ symbol?
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
What if someone has a similar word trademarked?
You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
Do you guarantee approval of my trademark?
It depends entirely on the government’s judgement. But if it is unique, it is highly likely that it will be granted.
Should I file the trademark in my own name?
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
What are the different kinds of trademarks I can have?
Any expression of your brand that distinguishes it from all other brands can be trademarked. This, therefore, includes your brand name, logo or slogan. New brands need only bother themselves with these three types, though more successful brands, that have much more to protect, trademark much else. Levis, for example, has trademarked the position of its red label on all its jeans.
What is the difference between trademark, copyright and patent?
Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance.
A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.