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TRADEMARK REGISTRATION REQUIRED BUSINESS

Trademark Required for:
A trademark can be defined as the sole identity that makes your company, product, or service differ from others. Trademark Registration (TM) is your business’s conceptual property. It protects the expenditures made into creating trust and commitment among your customers. The registration furnishes the right against others who try to copy your trademark and stave off others from using a similar trademark of yours.
Trademark can be explained in the terms of Trademark Act, 1999 as, “Trademark means a mark efficient of being represented distinctly and differentiate the products, services or goods from one another and may include the shape of goods, fusion of colors and their packaging. Such a mark may include signatures, names, labels, headings, etc. The trademark holder can be an independent, business organization, or any enterpriser.

What is meant by Trademark Registration?

A term trademark refers to an identical word, phrase, symbol or design, phrases, symbols or designs that denote a specific product which identifies and distinguishes the origin of the goods/services from one enterprise to others. A trademark is a unique identification of the product that belongs to the organization’s ownership of the brand.

Trademark Registration Faq’s

  • What is the benefit of a trademark Renewal?
    • It establishes the Legal rights and Safeguards your product.
    • It Creates A Unique Identity for your products with brand name
    • It Creates Business Chances and can transfer the ownership to the interested parties
    • It helps the violation of your brand name and products
    • Legal Security for Brand Name
  • Which documents are required for trademark renewal?

    The following documents are required:

    • A copy of the Registration Certificate
    • Power of Attorney
    • An Address Proof of the Applicant and a copy of the application form (TM-A).
  • Can we file the renewal of the trademark after the expiry of Trademark Registration?

    Yes, it is possible through the Restoration of the trademark. In case the renewal was not filed before the expiry of the trademark then one should file the renewal under 6 months after the expiry of the trademark with late fees.

  • How does the trademark registration differs from a Trademark renewal?

    The trademark registration is different it requires the unique logo, unique brand name, the required documentation, and procedure for registration. Trademark registration is valid for some time 10 years.

    The trademark renewal is done after trademark registration before 6months from the validation of the expiry period.

  • What is a trademark?

    Trademark refers to an identical name, word, image, symbol, design. A trademark is the unique identification of the product; it avoids the violation of your products.

  • How to select a good trademark?
    • First, you need to consider which feature is suitable for your brand and that it outfits your customer.
    • Avoid Geographical name, Surname.
    • Avoid the words that describe the quality of goods (such as best, perfect, super, etc.)
  • What is the function of a trademark?
    • Trademark guarantees the quality
    • Trademark advertises the brand name
    • Trademark creates an image for the product and service.
  • What are different types of trademarks that may be registered in India?
    • Name: It may include Product Name, Business Name, Person’s Name/Surname, and Abbreviations.
    • Logo/Symbol: Decide on your unique brand name and logo.
    • Tagline: For example, Disneyland: “The happiest place on Earth.”
    • Other Options: It may include Color Mark, Sound Mark, Scent Mark.
  • What means the term a Trademark?

    The term of a Trademark means the trademark renewal encloses the term of the Trademark by another ten years.

  • What will happen if one should fail to renew the Trademark?

    If one should fail to renew the Trademark then the registrar may cancel your trademark which will lose all the protection that comes with the registration.

  • What happens to the Ownership Rights after trademark Renewal?

    The proprietor can benefit from others by violation of the brand name, logo, and design. It provides permanent protection to your product. It Provides goodwill to the product/service.

  • What is the Trademark Renewal Procedure?
    • The TM-12 application form is to be filled for renewal.
    • The application can be made by our consultants
    • Filing a trademark renewal application extends protection by the next 10 years.
    • The status of the application can be checked after filing the trademark renewal application
    • Once the trademark renewal is approved then it is published in the trademark journal.
  • In how many ways we can renew the trademark?

    The trademark renewal has two ways

    1. The existing Trademark can be filed for renewal to change any signature or any words/alterations.
    2. The Trademark renewal without a change.
  • Does the owner have the exclusive right to the registered Trademark?

    In return for some financial indemnity, a trademark owner has the proprietary rights, to assign the mark, or license, the registered Trademark to someone else.

  • What is the form to pay the requisite fees to apply?

    Form-18 is used to apply the requisite fees. The application is reviewed for quality and excellence before it is approved for renewal.

  • Why the Trademark should be published?

    The Trademark must be published in the Trademark Journal. If no objections are filed within 90 days of the trademark journal publication, the mark will customarily be registered within 12 weeks.

  • What are the benefits of the trademark?
    • Exclusive Rights that the owner can have the unique rights
    • Builds trust and Established reputation of the business
    • It makes it the customers easy to choose the Product
    • It identifies the product’s quality and customer’s attachment
  • What information does the trademark application has?
    • Logo/Trademark
    • Applicant’s Name and Permanent address of the trademark holder
    • Class selection or Trademark Class
    • Trademark used since the date
    • A brief explanation of the goods, products, or services.
    • Trademark Application Allotment
  • Do I have to renew my trademark?

    Yes, you need to renew your trademark registration once in 10 years before 6 months before the expiry date else you may lose all the protection over the registration.

  • What are the types of trademarks?

    Three different types of the trademark they are:

    • Descriptive Trademarks
    • Merely Descriptive Trademarks
    • Generic Trademarks
  • The trademark can be renewed by paying renewal fees?

    Yes, It can be renewed by filing a trademark application online. A registered trademark in India has a validity of 10 years. But, it can be kept permanent by trademark renewal.

  • What is the period for renewal of trademark?

    A registered trademark has a valid period of 10 years, after which it needs to be renewed.

  • What is the trademark filing renewal fee?

    The official fee for online application filing for trademark renewal is INR 9000/-

    The official fee for physical application filing for trademark renewal is INR 10,000/-

  • What is the main purpose of a trademark?

    The Trademarks, copyrights, and patents protect different types of intellectual property. The trademark is the unique identity of the product. The trademark makes the customers choose their product with quality.

  • What is an example of a trademark?

    The Nike ® logo with the swoosh is a combination of a word and a design that is a registered trademark.

  • How many trademark classes are there in India?

    45 Trademark Registration classification in India, and each classes using for different category of business. View Details

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