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TRADEMARK REGISTRATION

A trademark is a unique attribute or characteristics or expression that is exclusive only to your product or service that distinguishes from others . The expression could be a slogan , photograph , logo , graphics etc . Moreover , a trademark must be unique should not clash with any other company or brand name . So , you can conduct a search to check if your brand name clashes any other brand name . Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes). Trademark registration allows owners to establish their right to the trademark in court and earn royalties.

Normally the applicant shall use the letters “TM” along with their mark once your application is accepted by the registry. Similarly, once the registration of your trademark is completed, you shall use the letter “R” along with your trademark or name. Registration of the trademark is a country specific process. If you wish to register your trademark in any other country/ies, you should make a separate application which can help you out in the process. Extensive use of trademark makes the users/clients remember your product through the mark. Trademark creates and retains customers. We can say your trademark result in building the images of the company which finally build the goodwill of your corporate. In case of any objection or litigation, our expert team will represent your case and handhold you till the completion of registration of the trademark.

Advantages

LEGAL PROTECTION

Registering your trademark gets benefits and allow you to get relief from the illegal access of your brand name by your competitors.

EXCLUSIVE RIGHT

Trademark registration gives legal access to your brand name and no one can use your brand name . You are sole responsible to use your brand name.

BRAND

Trademark gives your product a with a Brand Name that you can use it for marketing or promotion

LICENCE

Trademark gives you the power to assign/transfer/license the trademark to others for royalty. For example big brands like like McDonalds , Pizza Hut is based on the royalty given by their franchisees for using the brand name.

EASY PROCESS

Normally trademark filing is a easy process, it will take only 24 hours to complete the process elsewhere in India.

Frequently Asked Questions

WHAT IS A TRADEMARK?
A Trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of a trader.
HOW LONG DOES IT TAKE TO GET A TRADEMARK REGISTERED IN INDIA?
It may be anywhere from almost a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.
WHERE CAN AN APPLICATION FOR REGISTRATION OF TRADEMARK IN INDIA BE FILED?
Application for registration of trademark in India can be filed at any of the five Intellectual property offices (Located at Chennai, Mumbai, Kolkata, Delhi, and Ahmadabad) depending upon the jurisdiction of the primary place of business of the proprietor/owner or the location of the agent in same of foreign proprietors.
WHO CAN APPLY FOR TRADEMARK APPLICATION IN INDIA?
An application for registration of Trademark in India may be made by any person claiming to be the proprietor/owner of a mark for those goods and services for which he is using or intends to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark.
IS THE REGISTRATION OF TRADEMARK MANDATORY IN INDIA?
No, registration of Trademark is not mandatory in India but it is advisable to do so.
CAN A TRADEMARK BE REMOVED FROM THE INDIAN TRADEMARK REGISTER BECAUSE OF IT NOT BEING IN USE AFTER REGISTRATION?
Yes, if a registered trademark has not been used for a continuous period of five years and three months, it can be removed on an application made in a prescribed manner by filing a request to Trademark office in India.
CAN A DOMAIN NAME BE REGISTERED AS A TRADEMARK OF SERVICE MARK IN INDIA?
Yes, so long it is being used as a Trademark or service mark. If it is merely used to indicate the URL or address at which a website may be found, such use is not sufficient. It must be used a source identifier for the goods or services.
WHETHER FOREIGN PROPRIETORS CAN APPLY FOR REGISTRATION OF TRADEMARK IN INDIA?
Yes, foreign proprietors can apply for registration of Trademark in India. The Indian Trademark law is TRIPs obedient and provides for protection of well-known trademarks and recognizes trans-border reputation.

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