Trademark

What is a trademark?

Trademark is a sign that helps distinguish the products from a particular producer or enterprise from those of its competitors. By providing a distinctive sign to goods or services produced by an enterprise, trademarks create an enduring image in the customers’ mind.

What can be used as trademark?

Trademarks may be a word or a combination of words, letters and numerals. They may also consist of drawings, symbols, 3D signs such as shape and packaging of goods, or colours used as a distinguishing feature.

Does trademark and brand really mean the same?

Contrary to widespread use of both terms as synonyms, a trademark is an identifier or “face” of the brand, not the brand itself.

What is the process of registration of a trademark?

The process of registration of the trademark consists of the following steps:

  • SEARCH: Conduct a trademark availability search
  • FILING: Trademark application to be filed with Trademark office
  • EXAMINATION: Trademark Office examines the registrability of the application
  • PUBLICATION: Acceptance of application by the Registrar is published in Trademark Journal
  • OPPOSITION: After publishing of applications in the Trademark Journal, third party(ies) can oppose the registration within 4 months in a prescribed format.
  • Applicant has the option to provide justification to the Trademark Office for such opposition
  • NO OPPOSITION: Trademark is entitled for registration

For more information log onto www.ipindia.nic.in

What rights does the registered trademark confer on business?

Registration gives the exclusive right to use the mark in respect of goods or services for which it was registered.

What are the advantages of trademark registration?

The advantages of trademark registration are following:

  • Protects your hard earned goodwill
  • Protects your name from being used by others
  • Creates a favourable impression in the mind of your consumers
  • Helps in obtaining relief in case of infringement
  • Gives you the right to license /assign trademarks

Can trademarks be renewed?

Yes. A trademark is initially registered for a period of 10 years, calculated from the date of filing of the application. It can be renewed every 10 years by paying the requisite fees.

DISCLAIMER:

The information on this website is for information purposes only and is not a legal advice. DeitY does not warrant the accuracy or completeness of the information. As a result of updates and corrections, the web contents are subject to change. In case of any variance between what has been stated and that contained in the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.

For any further information please visit the official websites of respective departments of Government of India.