What is a Trademark?

A trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company’s products and services from that of others. A trademark is also used as a marketing tool for creating awareness and recognition of a company’s products or services among customers.

A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark.

Trademark Registration

A company/individual should register the trademark in order to possess the complete ownership of the mark and to protect the same from misuse by another person/business entity. Only if the trademark is registered, the owner gets the legal rights to take legal action against an infringement of trademark.

Registering a trademark gives the owner exclusive right to use the mark for their products and/or services. If the trademark is registered, the owner can use the symbol ®. In the case of trademarks for which a registration application is filed, the symbol ™ can be used.

Using these symbols for unregistered trademarks or in cases where no application for registration is filed is an offence.

Trademark Classification

Under Trademark Registration, entire range of goods and services are classified into 45 different classes. Identifying the Class of Trademark is very important before filing the application as registering a trademark or name under a particular class provides protection under that category only.   

If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for the respective goods and services.

Trademark Registration Process

Trademark Registration Process is completely an online and will take about 9-12 months. The first step is to file an application with the Trademark Registry (TM Registry) and obtain the acknowledgement.

After filing the application for trademarks registration, the symbol (™) can be used with name / Brand. After registration of Trademark, the symbol ® can be used. 

Trade Mark Filing Fee Details

Application under each class attracts separate Filing Fee payment to TM Registry. 

If your Business is a Company / LLP / Partnership, it is advisable to obtain a MSME Registration or Start-up India Registration before filing the TM application.