What is a Trademark?
A trademark is any sign that can distinguish the goods and services of one trader from those of another. A trademark may be in form of words, logos, colours, slogans and sometimes even sounds as gestures.
A Trademark is your brand name, brand logo or even a brand slogan.
For Example: McDonalds (Brand name)
“M” and joker (logo/symbol)
“I’m loving it” (slogan)
A trademark is used as a marketing tool so that the customers can recognise the products or services of a particular trader.
In India, Trademarks are registered by Controller General of Patents, Designs and Trademarks. Trademarks are registered under Trademark Act, 1999. Registration of Trademark serves an important purpose of securing a trademark from being misused. Registered trademark provides an exclusive right to the owner to sue for damages when infringements of trademarks occur.
Law Tarazoo offers variety of trademark services such as Trademark filings, Trademark objection, Trademark renewal, etc.
Advantages of registering your Trademark
As a trader or businessman, a registered trademark guards your commercial goodwill.
It deters fraudulent people from using your trademark, fooling the public and thriving on the goodwill of your business.
It protects innocent people from buying second grade quality products/goods thus in turn maintaining your brand name and quality.
If your registered Trademark is being infringed by someone, you being a Registered Proprietor of the trademark are safeguarded under the law to take legal action against such a person using your trademark and stopping him from doing so by the Courts of India.
It gives you your own unique identity. This helps the public to identify and distinguish your goods and services from those of another.
Once your Trademark is registered and entered in the Register of Trademarks, then the Registry of trademarks keeps a vigilant eye and protects your trademark from being used by or being registered by any other person in his/her name.
Frequently Asked Questions:
Who can apply for a Trademark?
- Any Individual
- Registered Company
- Limited Liability Partnership
Can a multiclass trademarks application be filed in India?
Yes, under the Indian Trademark law, multi class Trademark application can be filed.
Where can an application for registration in India be filed?
An Application for registration of a Trademark can be filed at any of the 5 Intellectual Property offices located at Chennai, Mumbai, Kolkata, Delhi and Ahmedabad, depending upon the jurisdiction which depends on the primary place of business of the proprietor/owner.
What is the period of limitation for filing a suit for Infringement of Trademark in India?
It is Three years from the date of infringement.
What is the validity of registration of a Trademark in India?
It is valid till 10 years and renewal is every 10 years from date of expiry.
How long does it take to get a trademark registered in India?
The registration process takes around 8 – 12 months, to obtain registration in straight forward cases, without any objection or opposition. However, a Trademark Application Number is usually allotted within 1 or 2 working days after filing the application and the proprietor of the mark can start using the ™ symbol next to his Trademark and is since protected under the law and enjoys the privileges of that of a Registered Trademark Holder.