Trademark registration shields your brand and gives you the tools to restrict others from utilizing similar signs and riding on the back of your business. Trademark means a sign capable of being represented graphically and which is proficient in identifying the goods or services of one person from those of others and may comprise an appearance of goods, their packaging, also a combination of colors. Trademark registration in India is desirable to guard your brand.
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Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.
Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words, and common abbreviations are also not registrable.
The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, a renewal request is to be filed within six months before the expiry of the last registration of a trademark.
Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.
Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate application is filed by paying the prescribed Government fee.
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
If you have a valid certificate issued by Start-up India (an initiative by the Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.