Trademark registration india [Expert Answers]

Last updated : Sept 1, 2022

Written by : Jamal Krist

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How can I register a trademark in India?

Trademark Registration Process:
Step 1: Trademark Search.
Step 2: Filing Trademark Application.
Step 3: Examination.
Step 4: Publication.
Step 5: Registration Certificate.
Step 6: Renewal.

How do I register a trademark?

Any interested Party or Public can obtain a certificate for legal purposes mentioning the details of the TM application. To file this request, TM-46 can be selected from â€œForm Filing Tabâ€ and enter the Application/opposition/rectification number for which a legal certificate is required.

How much time does it take for trademark registration 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.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Do trademarks expire?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

When can I use TM on my logo?

The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

What is the government fee for trademark?

GOVERNMENT FILING FEES ASSOCIATED WITH REGISTERING A TRADEMARK. The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS.

How do I trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Who can apply for trademark?

An Individual (Person) An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.

Can I use TM 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.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

Can I register a trademark without a company?

Any individual â€“ Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Is it hard to file a trademark?

Filing a trademark application is complex and time-consuming and requires a knowledgeable person to ensure the paperwork is completed properly. It is important to understand trademark law to avoid making common trademark mistakes during the trademark registration process.

Can I trademark my business name?

A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.

Are trademarks easy?

Registering a trademark is a fairly straightforward process that you can complete in just a few easy steps. This guide will walk you through each step needed to register and trademark your brand name, and answer some frequently asked questions about registering your trademark.

What is the cheapest way to trademark something?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can I change my trademark name?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

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Comment by Dorsey Carillion

Thanks for this great article

Thanks for your comment Dorsey Carillion, have a nice day.
- Jamal Krist, Staff Member

Comment by kinivarpat

Thanks for this interesting article

Thanks kinivarpat your participation is very much appreciated
- Jamal Krist

About the author

Jamal Krist

I've studied response surface methodology at Curry College in Milton and I am an expert in wireless computing (mobile computing). I usually feel awake. My previous job was animal kennel supervisor I held this position for 11 years, I love talking about ultimate frisbee and photography. Huge fan of Calvin Harris I practice speed skating and collect match-related items.

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