Frequently Asked Questions
- What is the importance of Trade Mark registration ?
In the context of rapidly growing economy, it is possible that same trade /brand names/logo/slogan could be used in same business, whether knowingly or unknowingly. If you want to survive and prosper in your business, it is highly essential that you keep your Trade Name, Logo and Slogan your own by registering them under Trade Mark Act. The trade mark registration grants you legally valid exclusive right and protection and can thus keep your competitors and imitators at bay. With trade mark registration you can sue for damages for infringment of your rights. The Trade Marks Act provides for enhanced punishment for trade mark offences.
- How do I select a name for Trade Mark registration ?
The desired name should preferably be easy to speak, spell and remember. Coined or invented names stand a better chance for registration. Avoid Geographical names or laudatory words such as “best”, “perfect”, etc. It is adivsed to conduct a market survey to ascertain existence of the name in question. It is also suggested to do a Trade Mark search with the Trade Marks Registry before you file an application to find out the name in question is already trade marked or not.
- Who can apply for a Trade Mark registration ?
Any person claiming to be the Proprietor of a Trade mark being used or proposed to be used by him can apply for Trade Mark registration.
- Can I apply for Trade Mark registration in advance before I start my business ?
Yes, you can.
- What are the formalities to apply for a Trade Mark registration ?
Application has to be filed in the prescribed format alongwith Government fees at the Regional Office of Trade Mark Registry. For applicants from South India, Application has to be filed at Chennai Regional Office. If you are using a LOGO in your Trade Mark/Service Mark, that logo has to be affixed in the application form. Further, if you are applying through a Trade Mark Agent or an Advocate, Power of Attorney has to be furnished alongwith application.
- How much time it takes for Registration ?
Currently it takes roughly 10 to 24 months to obtain Registration of your Trade Mark. If there are no objections, it could be registered much earlier.
- Why it takes so much time for registration ?
An application for Trade Mark registration has to pass through following stages: Examination, Enquiry by Registrar, Advertisement in official Gazette of Trade Mark Registrar i.e. Trade Marks Journal to ascertain whether any objections are there from public and Opposition stage, if any. Large number of applications is also another reason.
- What is the significance of symbols , and ?
Symbol is used after acknowledgement of TM Application till Registration and symbolis used after Registration. Service Mark applicants can put symbol before Registration. They too can put symbol after Registration. It is a punishable offence to use Registration symbol before getting your TM/SM application registered.