TRADEMARK AND SERVICE MARKS

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It is important to establish a distinction from your competitors so that your logos and slogans stand out. A trademark and service mark are two important aspects of a company as they provide legal protection for your company’s symbol, logo, slogans, designs, and names for goods, products, and services respectively.

Why this need to be done?

  • To restrict infringement of your marks to avoid any misuses.
  • To avoid long and expensive legal problems in the future.
  • To gain a competitive advantage.
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Frequently Asked Question

The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.

The trademark contains four functions which are mentioned below:

  • Guarantees its unchanged quality.
  • Identifies its good or services at its origin.
  • Creates a different image for good and services.
  • It helps in the advertisement for the product.

Anyone who is claiming to become a proprietor and needs to use the trademark for his/her firm can apply for Trademark Registration Online. BDS Legal will help you to get the Trademark registration done in few simple steps.

The one who has registered their Trademark can utilize various benefits, such as the registered proprietor can create, establish and protect their trademark, this person has entire rights to sue the person who has used the trademark illegally.

  • Customer’s attraction will be increased with the symbol ®.
  • Sue the proprietor in case the registered trademark is used by some other firm illegally.
  • If two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

The register of trademark currently maintained in electronic form contains, the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred, the address of the proprietors, particulars of trade or other description of the proprietor, the convention application date (if applicable), where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.

Yes, few changes are allowed subject to the terms and conditions under Trademark registration.

Yes, it is possible to remove the trademark form the register.

The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.

No, Trademark registration is not mandatory in India, but it is advisable that the trademark should be registered to avoid duplication.

The trademark in India is designated as ® (for registered trademark), ™ (Unregistered trademark).

The proprietor who has registered their trademark can use ® and the ™ defines that the trademark belongs to certain proprietor.

Following mentioned are the marks that can be registered as a trademark in India:-

  • Numerals
  • Names
  • Invented words
  • Letters
  • Devices
  • Shape of goods
  • Slogans
  • Sound mark
  • Signature

A trademark application can be applied by anyone in India, the person should be the one who needs to claim for trademark registration.

Yes, the foreign proprietors can apply for Trademark registration in India.

Yes, it is possible under Indian Trademark law where the multi-class application can be filed.

Following are the Trademark which cannot be registered:-

  • If the mark is confusing.
  • The content of the Trademark should not hurt any religious susceptibilities.
  • No offensive content should be included in it.

The action of violence lies against the person in case a registered trademark is used by some other firm.

Yes, the trademark renewal application is examined in India.

It may take one or two years for completing the process of trademark registration in India.

Yes, it is possible to renew the trademark, but certain charges will be levied.

A trademark search can be done on “Public search” website.

Yes, as per the laws the Trademarks do expire within 10 years, therefore the proprietor needs to apply for renewal.

Yes, it is totally restricted to use competitors Trademark.

You should complete the registration process for Trademark as soon as possible, it will help you to protect your brand and avoid duplications.

There are in all 45 classes while selecting a specific class you need to analyse the product and understand its type. Mention the same type in which the product lies.

It is not possible to submit the company name as well as the logo at the same time, therefore you can do the multiple filing in such cases.

Yes, it is possible to register your name in Trademark registration for your firm.

It is not possible to avoid using the trademark if the business differs but if any of your competitors have used the existing registered trademark then you can stop him from using it.

No all countries protect unregistered or common law trademark.

Brand name, product label, signature, tag line

Trademark owner can transfer his rights with respect to his trademark either by way of assignment or by licensing.

The Trademark can be sold or the ownership will be transferred as the renewal of the trademark is done.

Yes, as the process of trademark registration is vast, it is possible to buy someone’s registered Trademark.

The trademark status dead or abandoned means, the trademark is dead or no longer in use. It means that it might not have referred by the examiner.

Copyrights protect a specific term or expression, Trademark protects the brand, Patents helps to protect an invention.

Trademark ™ is typically a word, name, symbol, Registered ® means there is a validation for the Trademark and has been registered, Copyright © is a legal term used to restrict from the usage of a specific existing term.

Yes, it is possible to register a trademark internationally.

The trademark registration should be done as soon as possible to avoid duplication.

The brand name and trademark are different but people get confused with them. For example, Nike Swoosh is a registered Trademark but the brand name is Nike.

Yes, it is possible to register an acronym as a Trademark, it can be considered as one f the unique trademarks.

No, it is not mandatory to register Trademark in E-commerce.

The class - 9, class - 42 will be required for mobile app trademark registration.

Class - 9 falls for mobile cover trademark registration in India.

In case the trademark is opposed you need to the applicant needs to provide proof in support of the opposing, and later on you will have the opportunity to reply on the same.

It will take 20 to 25 Working Days or more for completing the renewal of Trademark.

You should be aware of the value of your business and objects, according to that you can analyse the price for your trademark.

No, the Trademark registered in India is not valid worldwide.

No, a foreign trademark cannot be used in India, as a registered Trademark has specific locations where it can be used.

You can check the trademark registration status on http://ipindiaonline.gov.in/eregister/eregister.aspx.

You can visit Trademark search website and check the trademark availability online.