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 business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.
"Trademark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.
The trademark can be applied by anyone who uses or proposes to use the brand name, mark, or logo for commercial purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency.
The term of registration of trademark is 10 (Ten) years, and can be renewed for next 10 year. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.
&nbs Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his/her exclusive claim. The claim may or may not be valid. The registration symbol ®, shall only be used when the mark is registered.
Yes, you can apply for your logo, name and tagline in one application. But, it could prove an obstacle, as multiple marks or class could have multiple objections and it may create hurdle for one of the mark or class which may not have any objection.
Reply to Trademark objection report is required to submit within 30 days of issue of the report. If applicant fails to file legal reply, the trademark registry may cancel the trademark application and update the status of the application as Abandoned.
No, Trademark registered in India, would be valid only in India.
A Trademark normally takes 12 to 15 months to get registered, this is due to stringent process followed by the Trademark Registry.
For preparing reply to trademark objection requires legal knowledge and drafting skills. Our Experts will prepare and file reply for you.
The reply is submitted online by our team and you receive an acknowledgment of the reply. The PDF copy of Reply is uploaded on Trademark Registry website under your application status. The Status will still be shown as Objected until the Registry reviews the reply and accepts the trademark or rejects it. Normally this process takes around 6 to 8 months.
It is important to conduct a trademark search, so that one can know whether the same or similar name has been used or not by others. And the trademark should be conducted before incorporation of a company name. However, a comprehensive search does not guarantee registration of Trademark.
Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Limited Company subject to Foreign Direct Investment (FDI) Guidelines.
An objection is raised by the Trademark Registry in order to enquire about your usage of TM. For this you have to appear for hearing, but we would take care of the hearing by appointing Trademark attorney for your case. After the hearing if Trademark Registry satisfied with you then they would approve your application, if not, there are possibilities for rejecting your Trademark application.
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