A Trademark (“TM”) generally refers to a “brand” or “logo”. Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaking from those of another. A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging.
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Call : +91 844-844-0306A Trademark (“TM”) generally refers to a “brand” or “logo”. Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaking from those of another. A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging.
A Trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. A trademark cannot, however, prevent another person or company from making or selling the same goods or service under a clearly different mark. Rights to a mark can be established through the legitimate use of the mark in a commercial or business setting.
Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 6 to 8 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.
You can trademark many of the things that you use to distinguish your business from other businesses. You might have a trademark for:
A trademark registration:
In contrast, in the case of an unregistered mark, a passing-off suit can be filed. As passing off is a common law remedy, the burden of proof is more severe on the plaintiff than in an infringement action.
Trademark Application - INR 4,500/- in case of Individual/ Startup/ Small Enterprise -
Small Enterprise refers to those enterprise who are registered under the MSME Act having MSME Registration Certificate (Click here to avail MSME Registration)
9,000/- in all other cases
To register a trademark the following documents should be uploaded on abiZa platform:
Note: Logo is not mandatory. Word alone can be trademarked.
Conducting of Trademark Search.
Selection of Trademark classes.
Filing of Trademark Application
Payment of fees
Examination of TM Application
Publication of Trademark in Journal
Filing of Reply to Objections, if any
Issuance of TM Registration Certificate