FAQs - TRADEMARK
Q. What is a trademark class?
A. The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only.
Q. Is my trademark application valid across the world?
A. No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
Q. When is the TM Mark used?
A. 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.
Q. How to carry a Trademark search?
A. A Trademark search is necessary before any entrepreneur begins with the search mark for trademark availability. You check with the Trademark Registry and also the search option on our website where you can find information on the registered trademarks.
Q. What is the function of a Trademark?
A. Trademark identifies the goods or services and their origin. It guarantees its unchanged quality. The trademark guarantees its unchanged quality. Trademark registration creates a brand identity or the images for the goods and services.
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Q. How to select a good trademark?
A. If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
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Q. What is the function of a trademark?
A. Under modern business condition a trademark performs four functions
It identifies the goods / or services and its origin.
It guarantees its unchanged quality
It advertises the goods/services
It creates an image for the goods/ services.
Q. How much time would it take to obtain the trademark registration?
A. Trademark registration is a very lengthy and time-consuming process. It would take 18-24 months before completion, without any opposition or objection. Nonetheless, the trademark application number will be allocated within one or two days after submission.
Q. What are the types of Trademark?
A. There are several types of Trademark which are given below:
1. A name of a person or surname or predecessor in business or the signature of the person.
2. The coined word or an invented word or any dictionary words that are not being directly descriptive of the character.
3. Alphanumeric or letter or any combination thereof.
4. Image, symbol, monograms, 3-dimensional shapes etc
5. Sound marks in audio format
Q. Who can apply for the Trademark Registration?
A. Any Individual, Company, Proprietor or legal entity who can claim to be an owner of the Trademark can apply for it. The trademark Registration formalities can be done in 18 to 24 months after that you can start using the ‘TM’ symbol. Once your trademark registry is done and registration certificate is issued then you may use ® (registered symbol) next to your trademark. The validity of a registered trademark is for 10 years from the date of filing and that can be renewed from time to time.
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