Question: What Is The Procedure For Trademark Registration In India?

How do you check if a product is trademarked?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark.

Used on related products or for related services, and..

What is the duration of a trademark?

ten yearsHow long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How is a trademark obtained?

Trademark rights are acquired by being the first to use the mark in commerce. … Under the Trademark Law Revision Act of 1998 a trademark owner can apply for registration prior to using the mark, based upon the owner’s bona fide intent to use (ITU) the mark.

Can I use TM symbol without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

What is the validity of a trademark?

Once registered, a trademark is protected for 10 years starting from the registration date, assuming that the trademark is not subsequently invalidated or cancelled. Protection can be renewed for further 10-year periods.

What happens if a trademark is objected?

When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. … Once written submissions are made, the Registrar/Examiner either accepts the trade mark or posts a hearing for allowing arguments to be put forth in person.

What is the difference between R and TM?

TM signifies a trademark. … TM denotes that you are claiming a right to use your brand as a trademark, although it may not yet be registered with the relevant IP office. (R) signifies that your trademark is officially registered with the IP office in the country and for the goods and services that you are using it for.

How can I register a trademark online in India?

5. Online Trademark Registration ProcedureStep 1: Surf internet for a brand name that is “wacky-enough” … Step 2: Preparing a trademark application. … Step 3: Filing the application of brand name registration. … Step 4: Examining the process of the brand name application.More items…

What are examples of trademark?

Five Classic Examples of Trademark1.) Name – Coco Chanel is a perfect example of a name that is a trademark. … 2.) Symbol – The McDonalds golden arch is a classic example of a symbol trademark. … 3.) Catchphrases – a catchphrase that is identifiable to a person or company that is used to sell merchandise can be trademarked. … 4.) … 5.)

Can a trademark be bought or sold?

All forms of intellectual property just like any other property can be bought, sold, inherited, or otherwise transferred. If you no longer have any interest in your registered trade mark then you may wish to consider selling the trade mark rather than simply allowing the registration to lapse.

What is the fee for trademark registration in India?

Cost: Government fees are Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is Rs. 3500/- per application per class.

How can I make sure my business name is not taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How much time does it take to register a trademark in India?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

How do I know if a brand name is taken?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.