Trademark is a unique element that helps you identify your company in the market and protect you from identity theft. ClearTax can now help you with designing your own logo, filing for trademark, document follow-up and expert advice.
A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receiving ™ Application number you can start using ™ .
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
Getting trademark registered has a number of business benefits such as
Yes, one can register a trademark before even starting a business.
No. Trademark is territorial in nature that means if you get trademark in India then it will be valid for India only.
The registered trademark is valid for 10 years from the date of filing of application. The trademark can be renewed further.
Our relationship manager will co-ordinate and be the intermediary between you and the desginer.
You will get time to go through 2 iterations and one finalization of the logo.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it. Avoid adopting laudatory words or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.
India employs a trademark classification system in which goods and services have been grouped into classes for registration. Under the International Classification of Goods and Services, most countries follow the same classification system, this consists of 34 classes of goods and 11 classes of services. It is revised every 5 years.
Yes, there are a few legal requirements to register a trademark under the Act. These requirements are as follows: 1. The selected trademark should be capable of being represented graphically i.e, on paper. 2. It should be capable of distinguishing the goods or services of one undertaking from those of others. 3. It should not have any objectionable lewd content. 4. It should not hurt any religious sentiment. 5. It should not be similar to any other pre-existing trademark.
Yes, so long as it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used as a source identifier for the goods or services.
Trademarks can be considered as limited monopolies over the use of symbols/images in business. When a government grants a trademark, the owner gets the right to exclude all other businesses from using a trademark that is similar for related goods or services. If someone selling uses the trademark without prior permission, the owner or the company owning the original trademark can sue immediately in court and force that company to stop using the mark without compensation.