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A trademark is an intellectual property consisting of a recognizable sign, design, name, insignia or expression that identifies a product or service from a particular source and distinguishes it from others. An individual, business organization, or any legal entity can own a trademark. It serves as a legal tool to differentiate products or services from those of other companies, ensuring that consumers can identify the origin of what they are purchasing
In India, you can register diverse items as trademarks. They can include brand names, logos, words, slogans, sounds, smells, colors, or any unique sign. These trademarks should distinguish your goods or services from others. This helps maintain your business identity and protect it from misuse.
It is an essential part of the trademarking process that ensures those trademarks meet certain categories in order for them to submit applications submitted there. Once you file your application; it will receive international classification as part of Vienna codification which means that your request for registration will now appear as - sent for Vienna codification.
Once the application for Vienna classification is submitted, the Trademark officer will analyze it according to specific protocols and rules. The official may either decide to approve or reject the application based on his discretion.
Before applying for a trademark, we also offer assistance with conducting a searching procedure on similar or identical trademarks under The Trade Marks Act is prohibitive. This trademark search facilitates ease in locating similar sounding registrations. However, trademark examiners handle the connection test
If a trademark application gets rejected by the Trademark Examiner, the applicant can respond to the objection by presenting evidence and arguments that support trademark registration. In reaction to this answer, the Examiner may ask for a hearing, allow trademark filing to move forward or reject it altogether.
Documentation of the Applicant
Proof of Address and PAN Card
Certificate of Registration (Since the Applicant Is Not an Individual)
Brand Name and Logo
User Affidavit
Proof of TM Use
MSME / Start-up Recognition
Signed Form TM – 48.
Registered trademarks help create perception of security, quality and trust among customers by promoting their products or services under them in question. An identity can be unique because it is associated with few other traders.
If you or anyone else copies any part of your trademark including logo registration, brand name or slogan then the registered trademark owner has all rights and can take legal actions against them as a result of infringement.
The consumers can only see one item or service by its particular name brand . Registering the mark ensures no one else shall use it, thus making it a proprietary property of the company.
It is permissible to register and file a trademark in India then other countries (that are outside India). Besides, foreign nationals may also register and file trademarks in India.
If your brand registration becomes famous and successful then the mark might become an important facility. A registered mark becomes an intangible asset which can be sold, bought, leased or even shared for a profit. So both the business and individual owner stand to gain from this.
It may be given to the trademark proprietor who has registered it with such rights that are exclusive in nature. For all available products, one may register the same trademark within its category. Having exclusive rights to goods or services ensures that no one can use them without authority outside it.
Once you have filed your application for a trademark, you are allowed to use the sign indicating that your trademark is registered (®). By using this symbol, it shows that nobody else can file a similar application as this is already a registered trademark. If someone makes an unauthorized use of his/her registered marks, he/she could go to court against the person infringing upon her/his legal rights.
Branding enables customers to acquire knowledge about items quickly. Diverse items develop their own identities, which helps them differentiate between each other.
Our FAQ section addresses common inquiries to help you find the information you need quickly. If you have further questions, feel free to reach out!