TRADEMARK REGISTRATION

Any one-of-a-kind expression that distinguishes a product or service from others is referred as trademark. Although most companies are primarily interested in registering their brand name or logo, this expression could be a word, slogan, photograph, logo, graphic or colour combination. The categories in which they are registered, trademark owners have exclusive rights to use their marks (there are a total of 45 categories, called classes). Trademark owners can easily prove their ownership of a trademark in court and earn royalties if they register it. It also prevents other businesses from registering similar company names, which discourage piracy to determine if your brand name is similar to one that already exists, conduct a trademark search. In India, trademark registration may take one to two years.

Essential Facts on Trademark

What is a trademark?

A trademark is essentially a characteristic of your brand. It could be your brand name, your brand logo, or even your brand slogan. For example, ‘Nike’, the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.

Who owns a trademark?

A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So, if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

What if the trademark is taken?

No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

What do I need to provide?

You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorization Letter. Once an Authorization Letter has been received, we prepare your documents, make the  online application for you, and pay the necessary fees.  Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.