"Trademark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.
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The trademark can be applied by anyone who uses or proposes to use the brand name, mark, or logo for commercial purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency. .
The term of registration of trademark is 10 (Ten) years, and can be renewed for next 10 year. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.
Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his/her exclusive claim. The claim may or may not be valid. The registration symbol ®, shall only be used when the mark is registered.
Yes, you can apply for your logo, name and tag line or caption in one application. But care has to be taken while suggesting you name and tag line as it should not reflect any previous trademark or reputed brand.
No, Trademark registered in India, would be valid only in India.
A Trademark normally takes 12 to 15 months to get registered, this is due to stringent process followed by the Trademark Registry.
As soon as you have applied for trademark, you can start using the symbol TM. Usually it takes 15 to 20 months for reviewing your application. After that if there is no objection they will release your name in the official Gazette, and after that you can use (R) symbol.
Product Trademarks: Product Trademark are those that are affixed to identify of traded goods.
Service Trademarks: Service Trademark are used to identify the services of a business entity, Service trademark are usually registered by the advertising, broadcasting, management consulting companies.
Collective Trademarks: Collective Trademarks are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.
Certification Trademarks: Certification Trade mark are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features.
Since it is a Government process, the acceptance of your application rest in the hands of the Government. We can conduct trademark search and apply on behalf of you, but we cannot guarantee that your trademark would not be rejected.
An objection is raised by the Trademark Registry in order to enquire about your usage of TM. For this you have to appear for hearing, but we would take care of the hearing by appointing Trademark attorney for your case. After the hearing if Trademark Registry satisfied with you then they would approve your application, if not, there are possibilities for rejecting your Trademark application.
Reply to Trademark objection report is required to submit within 30 days of issue of the report. If applicant fails to file legal reply, the trademark registry may cancel the trademark application and update the status of the application as Abandoned.
For preparing reply to trademark objection requires legal knowledge and drafting skills. Our Experts will prepare and file reply for you.
The reply is submitted online by our team and you receive an acknowledgment of the reply. The PDF copy of Reply is uploaded on Trademark Registry website under your application status.
The Status will still be shown as Objected until the Registry reviews the reply and accepts the trademark or rejects it. Normally this process takes around 6 to 8 months.
It is important to conduct a trademark search, so that one can know whether the same or similar name has been used or not by others. And the trademark should be conducted before incorporation of a company name.
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