Frequently Asked Questions to Register Trademark in India.
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 apply it to the TM. Even you can use a Prefix to the word, which is also permissible.
Q.2 When can I use the ™ symbol, and when can I use ®?
As soon as your application is filed, you can use the ™ symbol, but the government's registration process takes around 10-24 months. So once you get through it, you are eligible to use the ® Symbol.
Q.3. Should I file the trademark in my name?
Usually, the large business would prefer to get it in the company’s name, but the start-up founders register it under their name. This is done because even if the start-up company doesn’t work, the name will be valid regardless of the company as the owner owns it.
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 and the individual’s address and details. In the case of a company, the company’s name, address proof, and certification of Incorporation is required.
Q.7 For how many years is the Trademark valid?
It is valid for ten 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 it will be registered if your word or logo is unique.
Q.9 What are the circumstances when the TM applications are commonly rejected?
This is a possibility only when the applied word/logo matches an existing application, or if it is offensive or hurts religious feeling, contains geographical names or nationwide recognised emblems or common words that ought to create confusion. These types 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. A new application will have to be filed if there is any mistake regarding the TM applied (word/logo).
