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Trademark ™ | ®

What is Trademark?

A trademark is a recognizable sign, design, word, phrase, logo, or combination of these that identifies and distinguishes the source of goods or services of one party from those of others.

In simple terms:

A trademark is your brand´s identity. It helps consumers know that a product or service comes from you and not someone else.

Examples:
The Nike "swoosh" logo
The word "Coca-Cola"
Apple's apple icon

Key Points:
Registered Trademarks ®: Legally protected and registered with the appropriate government authority (like the USPTO in the US or the IP Office in India). Unregistered Trademarks ™: Used to claim rights, but not officially registered. Still offers some legal protection.

Why is a Trademark Important?

• Builds brand recognition and trust
• Gives you exclusive rights to use the mark
• Helps prevent others from using a confusingly similar name/logo
• Adds value to your business as an asset

Trademark Registration Process in India

1• Trademark Search (Optional but Recommended)
• Before applying, it ’s smart to check if a similar trademark already exists.
• You can search on the IP India Trademark Search
• This helps avoid rejection or legal issues later.

Trademark Registration Process in India

2• Choose the Right Class
• Trademarks are categorized into 45 classes based on the type of goods/services.
• Classes 1—34: For goods (e.g., clothing, food, chemicals)
• Classes 35—45: For services (e.g., advertising, legal, education)

3• File the Application
• you can file :
• Online: via IP India e-filing portal
• Offline: by submitting TM-A form at Trademark Registry Office

Information needed:
Applicant’s details
Trademark/logo
Class of goods/services
Proof of usage (if already in use)
Fees:
Rs.4¸500 (individual/startup/MSMEs)
Rs.9¸000 (for companies/others)
4. Examination by the Registry
The Trademark Office examines your application for correctness and conflicts.
You may get an Examination Report with objections (if any).
If objections arise:
You’ll need to respond with a written explanation or attend a hearing.
5. Publication in Trademark Journal
If accepted, the mark is published in the Trademark Journal for 4 months.
During this time, anyone can oppose it.
6. Opposition (if any)
If someone files an opposition¸ you’ll need to defend your mark legally.
If there’s no opposition› or it¸s resolved¸ the process continues.
7. Registration
If no opposition (or you win the case)¸ your trademark is registered, and you receive a Registration Certificate with the ® symbol rights.
8. Validity
Trademark is valid for 10 years
It can be renewed indefinitely every 10 years

Our Services


We are
an IPR Consultant

- Experienced IPR Attorneys & Professionals
- Transparent & Cost-Effective Services
- PAN-India & International Filing Network
- Technology-Driven IP Management Tools
- Personalized Consultation & Strategic Support

Our Core Services
Trademark Services
- Trademark Search & Registration
- Opposition & Rectification
- Trademark Renewal
- Brand Protection Strategy

IP Audit & Portfolio Management
- Comprehensive IP Audits
- IP Valuation
- Risk Assessment & Strategic Planning

Litigation Support & Enforcement
- Legal Opinions
- Infringement Actions
- Representation in IP Disputes

Frequently Asked Questions (FAQ) - Trademark

1. What is a Trademark??

A trademark is a symbol, word, phrase, design, or combination that identifies your brand and distinguishes it from others.

2. Why should I register a trademark?

Gives you legal ownership of the brand name/logo
- Builds brand recognition and trust
- Acts as an intangible asset for your business
- Protects your brand from misuse or copying

3. Who can apply for a trademark?

• Individuals
• Startups
• Companies
• Partnership firms
• Trusts or societies
- Even if the business hasn't started yet, you can apply as "proposed to be used.

4.What can be registered as a trademark?

- Brand names
- Logos
- Tagline
- Sound marks
- Color combinations

- Shape of goods
- Domain names (in some cases)

5. How long is a trademark valid in India?

It is valid for 10 years and can be renewed indefinitely every 10 years.

6. What is the cost of trademark registration?

- Rs.4,500 for individuals/startups/SMEs (with Udyam/Startup India registration)
- Rs.9,000 for others (per class)

7. Can I use ™ and ® symbols?

- ™: Can be used after filing a trademark application.
- ®: Can be used only after registration is granted

8.What is the difference between ™ and ®

-™ indicates an unregistered trademark (application pending).
-® means the trademark is officially registered and legally protected

9. How long does it take to register a trademark in India?

If there are no objections or opposition, it usually takes 8 to 24 months or in some cases it may take more.

10. Can I register the same trademark in multiple classes?

Yes¸ If your brand deals with multiple products/services across different categories, you can file in multiple classes.

11.What happens if my application is opposed or objected?

You’ll receive a notice and will need to respond with clarification, attend hearings, and provide evidence if needed. If unresolved, the trademark may be rejected.

12. Is trademark protection valid internationally?

- No. Indian registration gives protection only in India.
- For international protection, you can apply under the Madrid Protocol.

13. Can I sell or transfer my trademark?

Yes, a registered trademark can be assigned or licensed to others.

14. Can I register a trademark without using it?

Yes, but you must start using it within 5 years or it may be removed for non-use.

Frequently Asked Questions (FAQ) - IPR

1. What is Intellectual Property (IP)?

Intellectual Property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. It is protected by law through patents, copyrights, trademarks, and other forms.

2. What are the main types of IPR?

The primary types of Intellectual Property Rights include:
- Patents - for inventions
- Trademarks - for brand names, logos, slogans
- Copyrights - for literary, artistic, musical works, software
- Designs - for the visual design of objects
- Trade Secrets - for confidential business information

3. Why should I protect my Intellectual Property?

Protecting your IP helps prevent unauthorized use, copying, or theft of your work. It also gives you legal rights to monetize, license, or enforce your creations, enhancing business value and competitiveness.

4. How can I register a trademark?

You can file a trademark application with the appropriate government office (e.g., the Trademark Registry). Our team assists with:
- Trademark search
- Filing application
- Responding to objections
- Monitoring and renewals

5. What is the validity of a registered trademark?

A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.

6. How long does it take to get a patent?

The patent process can take 2 to 3 years depending on the complexity of the invention, examination backlog, and the country of filing. Our experts help streamline the drafting and prosecution process.

7. Can I register a copyright for software or a website?

Yes, software and website content (such as code, design, text) are eligible for copyright protection. Registration helps establish ownership and is useful for legal enforcement.

8. What is the difference between copyright and trademark?

- Copyright protects original works of authorship (books, music, software).
- Trademark protects brand identifiers (names, logos) that distinguish goods/services.

9. What are IPR enforcement services?

Protecting your IP helps prevent unauthorized use, copying, or theft of your work. It also gives you legal rights to monetize, license, or enforce your creations, enhancing business value and competitiveness.

10. Do you offer international IPR services?

Yes, we assist with international filings through treaties like the Madrid Protocol (for trademarks) and PCT (Patent Cooperation Treaty) for patents.

11. What are the charges for your IPR services?

Our pricing varies based on the type of IP, the complexity of the application, and whether it's national or international. Contact us for a customized quote.

12. Do I need a lawyer for IP registration?

While not always mandatory, professional assistance ensures accurate documentation, faster processing, and better protection against legal hurdles.

Our Trademark Services

•  Trademark
• - Trademark Search & Registration
• - Opposition & Rectification
• - Trademark Renewal
• - Brand Protection Strategy

•  IP Audit & Portfolio Management
• - Comprehensive IP Audits
• - IP Valuation
• - Risk Assessment & Strategic Planning

• Litigation Support & Enforcement
• - Legal Opinions
• - Infringement Actions
• - Representation in IP Disputes

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