Frequently Asked Questions to Register Trademark in India.

February 3, 2017

 

Q.1  What if someone has a similar word trademarked?

 

         In this case you cannot get the word as it has already been taken but all is not over you can design a unique design/logo that contains this word and can apply for the TM. Even you can use a Prefix  to the word which is also permissible.

Q.2    When can I use ™ symbol and when can I use ®?

 

           As soon as your application is filed you are eligible to use the ™ symbol but the registration process takes around 10-24 months for the government. So once you get through it you are eligible to use the ® Symbol.

Q.3  Should I file the trademark in my own name?

 

        Usually the large business would prefer to get it in the name of the company but the start-up founders register it under their own name. This is done because even if the start-up company doesn’t work the name will be valid regardless of the company as it is owned by the owner.

Q.4   Will my TM application be valid across the world?

 

           No, the applied application will only be valid in India.

Q.5   What is Trademark Class?

 

            Trademark Registry has distributed the services and goods in 45 classes. So depending upon the Goods or Services you are providing in the market your name or logo will be registered under the particular class. You can apply the same name/word under multiple classes.

 Q.6   What are the documents required when I file for my Trademark?

 

            An image of the logo in JPEG format along with the address of the individual and his personal details and in case of a company, the name of the company along with its address proof and its certification of Incorporation is required.

Q.7   For how many years is the Trademark valid?

 

            It is valid for 10 years from the date of application and it needs to be renewed indefinitely.

Q.8    Do you guarantee approval of my trademark?

 

            This decision entirely depends on the Government’s Trademark official but if your word or logo is unique there is a high possibility that it will be registered.

Q.9   What are the circumstances when the TM applications are commonly rejected?

 

           This is a possibility only when the applied word/logo match to an already existing application, or if it is offensive in any way or hurts religious feeling , contains geographical names or nationwide recognized emblems or common word that are ought to create confusion, all of these type can be rejected.

Q.10  What if there is a mistake in my TM application?

 

            If there is any mistake in the details YOU have provided, we will have to file for modification which will attract additional charges. If there is any mistake regarding the TM applied (word/logo) a new application will have to be filed.

 

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