Trademark Registration

Trademark Registration INR - 6,000.00

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

It required for any significant thing which play vital role in business or persons life like  word, name, device, label, numerals,quotations or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered

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.

To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service

No, trademark registered in India will be valid only in India. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.

Any person claiming to be the owner of the trademark used or proposed to be used can apply for trademark registration. The person can be an individual, company, NGO, etc.,

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.While the ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark registration current.

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc., Trademark registration gives the owner of the trademark ownership over the trademark and any person wishing to use the trademark must obtain the registered trademark owners consent.

In case there is infringement on a registered trademark, there are several ways to stop it or sue for damages. A legal suit can be filed in a District Court where infringement has occurred or arbitration proceedings can be initiated or other legal measures can be initiated to stop the trademark infringement.

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