48 Important "Trademark Registration ” Questions and its Answers

In simple words, trademark registration are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important…

The registered proprietor of a trademark can create, establish and protect the goodwill of his products or services. He/she can stop traders from unlawfully using his trademark, sue for damages and secure…

Under modern business condition a trademark performs four functions:  1) It identifies a good/service and its origin.2) It guarantees its unchanged quality.3) It advertises the goods/services.4)…

Following are the types of trademarks in India: Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt…

For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: INR 4000/- To file a Notice of Opposition to oppose…

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by…

The national statues i.e., The Trade Marks Act, 1999 and rules made are as under: International multilateral convention. National bilateral treaty. Regional treaty. Decision of the courts. Office practice…

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the…

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.

Yes. However, the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this, changes are permissible according to rules detailed in…

The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing…

Yes, Trade Marks Registry had published a list of facilitators who are willing to facilitate filing trademark applications for start-ups and act as a trademark agent on their behalf. Their fees for this…

The Controller General of Patents, Designs and Trademarks has information regarding trademark form and fees.

Yes, it can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The registrar also can suo moto notice for removal of a…

A trademark (popularly known as brand name) is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other…

Following are the forms required for trademark registration, renewal, opposition, cancellation etc. For filing new applications there are prescribed forms depending on the nature of application such as…

All the applications with respect to trademark registration, renewal , cancellation etc. is available here. http://www.ipindia.nic.in/..

Yes, it is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee. A delay…

Following documents are required for Trademark Registration Copy of the Trademark Registration Certificate Power of Attorney ID & Address Proof of the Applicant Copy of TM-1

Yes. However, the basic principle is that the trade mark applied for should not be substantially altered, affecting its identity.

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered…

The Trademarks Act, 1999 provides that any person can file an opposition against a trademark within a period of three months from the date when the trademark is advertised or re-advertised in the journal.…

A trademark search is a search made in the database of the Trademark Registry. The search determines whether the required trademark is available for use in connection with certain goods or services. In…

For checking the status of your trademark registration, follow the below steps. Visit http://ipindiaonline.gov.in/er.. Click on Trademark Application /Registered Mark Select the search option Enter Trade…

Following are the steps involved in trademark registration in India. Step 1: Trademark Search A trademark search is a search made in the database of the Trademark Registry. The search determines whether…

PRAS refers to Pre-Registration Amendment Section. Any amendments which have been filed prior to registration such as amendment of proprietor details, address, specification of goods, etc. are dealt by…

EDP stands for Electronic Data Processing. In a trademark application, all the documents and data entry are digitized. Send Back to EDP means that there has been some error during data entry that needs…

Formalities Check Pass means that you have complied with all the procedural formalities. Procedural formalities mean filing the power of attorney, providing translation where any document is not in English/Hindi…

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used…

The ® (Registered symbol)  can be used next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offence, with penalty,…

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…

Following are the steps involved in trademark registration in India. Step 1: Trademark Search A trademark search is a search made in the database of the Trademark Registry. The search determines whether…

It can be removed on application to the Registrar on the prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a…

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the…

No. Certain countries, however, do recognize an Indian registration as a basis for registering the mark in those countries. Many countries maintain a register of trademarks. The laws of each country regarding…

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by…

Following are different types of trademarks that can be registered in India. Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which…

Under modern business conditions, 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…

If a registered trademark has not been used for a continuous period of  five years and three months,it can be removed from trademark register by filing request  before trademark office in India…

For online filing, fee is INR 9000 and for physical filing, fee is INR 10000. All the forms and fee required for trademark registration, renewal, opposition, cancellation etc. is available…

If the applicant is an Individual / Startup/Small Enterprise, fee is INR 4500 for online filing and INR 5000 for physical filing.In other cases, fee is INR 9000 for online filing and INR 10000…

Trademark registration is valid for a period of 10 years in India, which may be renewed for a further period of 10 years on payment of prescribed renewal fees.

Class 3 Company / Organization User certificate is required for e-Tendering, e-Procurement , Trademark / Patent filing. Class 3 is the highest type of Digital Signature Certificate. it can be issued for…

The registration of a trademark gives the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using…

As soon the application is filed with the dept, you will receive an acknowledgement. You can start using trademark after that.

Trademark registration is not mandatory, However its recommended to get the brand registered to avoid duplication and misuse. 

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different…