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
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- 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
A trademark is a symbol, word, phrase, design, or combination that identifies your brand and distinguishes it from others.
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
• Individuals • Startups • Companies • Partnership firms • Trusts or societies - Even if the business hasn't started yet, you can apply as "proposed to be used.
- Brand names - Logos - Tagline - Sound marks - Color combinations - Shape of goods - Domain names (in some cases)
It is valid for 10 years and can be renewed indefinitely every 10 years.
- Rs.4,500 for individuals/startups/SMEs (with Udyam/Startup India registration) - Rs.9,000 for others (per class)
- ™: Can be used after filing a trademark application. - ®: Can be used only after registration is granted
-™ indicates an unregistered trademark (application pending). -® means the trademark is officially registered and legally protected
If there are no objections or opposition, it usually takes 8 to 24 months or in some cases it may take more.
Yes¸ If your brand deals with multiple products/services across different categories, you can file in multiple classes.
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.
- No. Indian registration gives protection only in India. - For international protection, you can apply under the Madrid Protocol.
Yes, a registered trademark can be assigned or licensed to others.
Yes, but you must start using it within 5 years or it may be removed for non-use.
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.
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
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.
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
A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.
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.
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.
- Copyright protects original works of authorship (books, music, software). - Trademark protects brand identifiers (names, logos) that distinguish goods/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.
Yes, we assist with international filings through treaties like the Madrid Protocol (for trademarks) and PCT (Patent Cooperation Treaty) for patents.
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.
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
Get in touch with "Domarp Creation's" professional. at +91 9354 77 2686