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Trademark Overview - Benefits, Validity, Eligibility and Symbols

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Lasya Pamidi

IP
Start & Run Business
Trademark Registration
Last updated on April 30th, 2021

What is Trademark?

Trademark is an unique sign that makes your brand a distinct entity.  These signs can be a name, logo, symbol, device, label, numeral, heading, label, ticket, signature, graphics, photographs, shape and packaging of goods, monograms, 3 dimensional shapes, colour combinations or any other mark on goods and services that distinguish it from those of others.

They are classified as Intellectually property, hence protected by the law. The Trademarks act, 1999 along with the Trade Marks Rules, 2017 govern any dispute arising out of Trademarks infringement. The Controller General of Patents, Designs and Trade Marks under the Ministry of Commerce and Industry administer protection of trademarks.

You must be able to represent your mark graphically in paper form. Most importantly, It should be capable of distinguishing the goods or services of one undertaking from those of others.

Why register your trademarks?

Who can apply for trademarks?

An Individual, Partnership Firm, Body-incorporate including Private Limited/limited Company, Limited Liability Partnership, Society, Trust, Government Department, Statutory Organisation, Association of persons, Hindu Undivided Family (HUF) and/or any person claiming to be the proprietor of a trademark used or proposed to be used by him can apply for a trademark.

Trademark Application for Individuals
Expert Assisted Trademark Application for individuals to reserve logo / name
[Rated 4.8 stars by customers like you]
Trademark Application for Individuals
Expert Assisted Trademark Application for individuals to reserve logo / name
[Rated 4.8 stars by customers like you]

Validity of Trademarks

Trademarks do not have a definite limitation period, however a trademark registration expires after 10 years. It is renewable at the end of 10 years for another 10 years. Additionally, There is no limitation to the trademark renewal process and can be done indefinitely.

Trademark Application for Companies
Expert Assisted Trademark Application for companies to reserve logo / name.
[Rated 4.8 stars by customers like you]
Trademark Application for Companies
Expert Assisted Trademark Application for companies to reserve logo / name.
[Rated 4.8 stars by customers like you]

Trademark symbols

FAQs

What trademarks cannot be registered?

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 cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

Will the trademark be valid outside India?

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

can a foreign person/foreign entity apply for trademark registration in India?

Yes, a foreign person or a foreign entity can also apply for trademark registration in India.

Got Questions? Ask Away!

  1. Hey @Dia_malhotra, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.