“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
The trademark owner can be an individual, business organization, charitable trust or Government agency.
What can be Trademarked?
- Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof
- Any Slogan, Base or Punch Line, etc. which are used to describe any product better
Advantages of Trademark Registration
1. Protects your hard earned goodwill in the business
2. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus
discourages others from cashing on your well built goodwill
3. Gives your products a status of ‘Branded Goods’
4. Gives an impression to your customers that the company is selling some standard Products or Services
5. The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark
6. To obtain relief/damage incase of infringement (misuse by others) of the trade mark.
7. Power to assign (transfer) the trade mark to others for a price.
Term/Duration of a Trademark in India
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.
Use of the ‘TM’ and ® symbols
Generally, one who has filed an application (pending registration) can use theTM(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.
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