Trademark Registration

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• What is a trademark?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
• The legal requirements to register a trademark:

i. The selected mark should be capable of being represented graphically (that is in the paper form).
ii. It should be capable of distinguishing the goods or services of one undertaking from those of others.
iii. It should be already in use or proposed to be used mark in relation to goods or services for indicating or as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

• What is the function of a trademark?

Under modern business condition, a trademark performs four functions
i. It identifies the goods / or services and its origin.
ii. It guarantees its unchanged quality
iii. It advertises the goods/services
iv. It creates an image for the goods/ services.

• What can be Trademark ?
Product, Services, Shape of goods, Colour Letters or numerals or any combination thereof, Word, Smell, Device, Packaging, Slogan, Numbers, letter, Monograms Marks constituting a 3- dimensional sign. Sound marks when represented in conventional notation or described in words by being graphically represented.

• Who can apply for a trademark?
Any person whether foreign national, claiming to be the proprietor of a trademark used or proposed to be used by him includes;
i. Individual /Sole Proprietor
ii. Start-up
iii. Small Enterprises
iv. Body Corporate
v. Limited Liability Partnership Firm
vi. Association of Person
vii. Hindu Undivided Family
viii. Joint Applicant
ix. Partnership firm
x. Society
xi. Trust
xii. Statutory body
xiii. Government Department

• Can Foreign national can apply for trademark in India?
Foreign nationals can apply for trademark in India only through registered Agent.
• Can one trademark be applied in different classes?

• What is the difference between” TM” and “R”?
“TM” is used for unregistered trademark whereas “R” indicates registered trademark which provides legal rights over the trademark.

• How much time does it take to get registration?
If the ministry does not raise any query then trademark certificate will be issued within 7-8 months from the date of application and in other case around 12-14 months.

• What are the documents required to file trademark application?
i. Name of the entity
ii. Name of the proprietor /partners
iii. Name and phone number of contact person

• What is the fees for filing trademark in India?
5000/- or 10000/-

• What is the period during which trademark is effective?
The registered trademark is valid for 10 years and it can be renewed perpetually every 10 years by paying renewal fees.
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