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 trademark renewal, 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.
Simply put, a trademark is a company's brand name. It could be a visual symbol which may be a signature, word, label and numbered combination etc. It is a symbol that helps identify your brand amongst the other similar goods or services that originate from a different company/undertaking.
A trademark is synonymous to a company's identity, as per the current business practices, a trademark performs four functions 1. Helps identify the goods or services and their origin (their company that produces them). 2. It guarantees its consistent quality. 3. It’s a mark the forever advertises the goods/services.
Yes, for a symbol to be a valid trademark it must fulfil the following requirements: 1. The chosen mark/symbol should be capable of being represented graphically (that is in print). 2. It should be sufficiently able to distinguish the goods or services of one undertaking/company from that of others. 3. Its should not be similar to that of an existing trademark. 4. The trademark must have any word, image or any other which may be offensive to any caste, gender, age or religion. 5. It must be simple, easy to pronounce, spell and read.
A trademark not only benefits the proprietor who registers it but also the government and the legal professionals. However, the Registered Proprietor of a trademark benefits the most from a trademark. Since he/she can create, establish and protect the goodwill of his/her services or products. He/she can stop other merchants from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks
The legal professionals render services to the entrepreneurs regarding selection, registration and protection of trademarks and get remunerations for the same.
Registering a trademark gives its owner the exclusive right to use it. He/she can choose to display it on its goods, company communications etc. The ® symbol indicates the registration of the trademark and the protection it enjoys under the law against infringement. In case of trademark infringement, i.e., if someone uses the trademark without the consent of its owner, he/she can seek relief at 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.