What Is A Trademark?

A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.

It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.

What Can Be Trademarked?

1. Name

A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked.

2.Word

A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked.

3.Numbers

Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.

4.Images

Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.

5.Sound

Sound marks in audio format. For ex the sound in the ad jingle

What Can Be Trademarked?

• Any person or business claiming to be owner can apply for a trademark including :
• Individual
• Company
• Proprietor
• Society

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

Steps In Trademark Application

Step 1 : Trademark search (1 day)

We check trademark availability or check brand name availability on the behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. You can also check existing trademarks. Because being exclusive do matters. This check well ensures that are no issues & there are minimal chances of an objection being raised in the future.

Step 2 : Create trademark application (1 day)

Once we ensure that your chosen name or design is available & exclusive, we send you an authorisation letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.

Step 3 : Trademark application submission (1 day)

Once we receive the authorisation letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark different at the central trademark department office or via online. A trademark can be filed online only by a registered lawyer or agent.

Step 4: Trademark registration (1.5 years)

Once a trademark application is complete, your application will be verified by the trademarks office. The government can also raise an objection on if your name similar to some other trademark in the same class, or the name is deemed obscene, hurts religious sentiments.

In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.

Step 5: Hearing before Registrar
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.

What Are The Different Trademark Symbols: ‘TM’, ‘SM’ And ‘R’

• ‘TM’ Symbol
  This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.
• ‘SM’ Symbol
  It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.
• ‘R’ Symbol
  This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.

Visit Official Website For New Trademark/Patents Registration

Visit Official Website For Trademark/Patents Name Search