There are many questions that might be arising while you want to register your Trademark. Here we have made a compilation of the Most Frequently Asked questions.
Q1) What is trademark?
Ans: Basically a trademark is a brand or a logo that you use to distinguish your product from those of your competitors. The term Trademark is the legal term for “intellectual property”.
One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image or combination of these elements. A trademark identifies the brand owner of a particular product or service.
Q2) What is the trademark Registration?
Ans: Trademark Registration is a legal procedure provided under the Trade Marks Act, 1999. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same.
Q3) How do I get my trademark registered in India? What is the process for trademark registration?
Ans: Here's an easy guide through which a person/entity could register a Trademark:
Decide or Come up with a Mark/Name/Logo for the specified product/Company's name:
Decide on which Mark/Name/Logo/Device you want to register as a trademark.
Trademark Search:
The first and foremost step is to search and ensure whether there are any similar trademarks already registered or not. This would help you to overcome any grounds of refusal for rejection of a trademark application. This search could be done at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Filing a Trademark Registration Application:
After ensuring with the Trademark Search, A trademark application could be made with the Trademark Registry. This application could be done either offline (at the Trademark Offices) or through Online Mode.
Examination:
After an application is filed, the same is Examined by the Examiner of Trademarks. Normally the Examination process takes 12 to 18 months to be completed. The examiner could also for any clarifications from the applicant if any discrepancies are found, and the same shall be justified from the end of the applicant.
Publication:
Once the application is examined thoroughly, the same shall be published in the Trademark Journal. The purpose of the publication is with respect to any Objections raised, if any, by any other entity or person.
Registration:
Usually, after 3-4 months of the Trademark Publication, a Registration certificate is granted by the Trademark Office. The same could be renewed every 10 years for its due protection.
Q4) How much fees will I have to pay for trademark registration?
Ans: The government fees for Trademark registrations are as under:
- Where the applicant is Individual/Startup/Small Enterprise the fees for E-Filing would be 4500 whereas for the physical filing fees would be 5000.
- In all other cases fees for E-Filing would be 9000 and for physical filing fees would be 10000
Q5) Where should I apply for my trademark registration?
Ans: The applications for the trademark registration can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.
Q6) Is trademark registration an online process?
Ans: Yes the Trademark can be registered online through the e-filing gateway available at the official website. However, it can also be filed physically at the front office counter of the respective office or can be sent by post.
Q7) How can I check my trademark registration status?
Ans: By following the below-given steps you can Check Trademark Status
- Step 1: Access IP INDIA Website.
- Step 2: Select National/IRDI Number.
- Step 3: Provide Trademark Application Number.
- Step 4: View Trademark Application Information.
Q8) What are the documents required for trademark registration?
Ans: The most important documents for trademark registration as follows:
- Soft copy of the trademark.
In the case of an individual or a HUF
- Identity proof
- Address proof,
- Citizenship and;
- Business registration document (if available).
In the case of Company/LLP
- Shops Establishment License;
- Certificate of Incorporation and;
- Address proof of the company.
In case of Partnership firm
- The Partnership Deed.
Apart from these, there are no particular documents to be filed. Different forms for different types of applications have to be filed for registration of trademarks.
Q9) What are the benefits of having your trademark registered?
Ans: The registration of a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
Q10) How much time will it take to get my trademark registered?
Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.
Q11) Can I use the TM symbol in my LOGO after I applied for the registration of the trademark?
Ans: Yes, The TM symbol is used when an application for a trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.
Q12) What can be registered as a Trademark?
Ans: A phrase, word, symbol, device, or even color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.
Q13) What is the difference between R and TM?
Ans: The TM Symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process.
The R symbol indicates that this word, phrase or logo os a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.
Q14) What trademarks can not be registered?
Ans: A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can't be trademarked. In general,
- Generic words can't be trademarked. For example, you can't trademark words like TV, Fridge, scooter, car, etc.
- The names of the cities and countries can not be trademarked.
- The names of Gods and Goddesses and the names of religious books can not be trademarked. For example, you can't trademark *Lord Ram* or *Ramayana*
- Surnames can not be trademarked under normal circumstances. For Example, you can't trademark *Sharma*
- Names of Constitutional Posts or Government posts can't be trademarked. For examples, you can't trademark *Prime Minister of India
- Words that denote illegal or Immoral acts can't be trademarked. For example, you can't trademark *Let's cheat* or *Let's grope*
- Words that are prohibited under names and emblems act can't be trademarked. For example, you can't trademark the official sign of Government of India
Q15) What is Trademark Search?
Ans: Trademark searches refer to any action taken for the purpose of determining whether and/or a trademark is used in commerce. Trademark searches can be narrow in scope or can include results from every avenue for trademark protection for every mark is remotely similar to the mark that is the subject of the search. An appropriate search strategy will consider the nature of the mark, the nature of the goods/services the mark covers, the timeline for bringing the mark to commerce, and the applicant's allocation of resources.
Q16) What is the Trademark Watch service?
Ans: Trademark registration is a long process that has to pass through various steps. Trademark watch provides the services of keeping a close watch at each stage of the Trademark registration process and even after that and do the needful as and when needed to prevent the client from missing out on any important stage which can affect the registration of the trademark.
Q17) Where can I get the Trademark Watch services in India?
Ans: You can get the Trademark watch services at Ebizfiling. Ebizfiling Trademark watch provides the services of keeping a close watch at each stage of the Trademark registration process.
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