Trademark FAQ
What is Trademark?
A trademark is a unique symbol, word, logo, slogan, or design used to identify and distinguish the source of a product or service, helping consumers recognize the brand and its origin.
What are different types of trademarks that may be registered in India?
Following types of trademarks can be registered:
Each of these types offers protection for different aspects of a brand’s identity, ensuring that businesses can safeguard their unique assets across various forms.
What is a Collective Trademark and How Does It Differ from a Regular Trademark?
A collective trademark is used by members of an association to identify their goods or services, ensuring they meet certain standards set by the association. Unlike a regular trademark, which is used by a single entity to distinguish its own goods or services, a collective trademark is shared by multiple entities. While a regular trademark grants exclusive rights to its owner, a collective trademark signifies membership and adherence to the collective’s standards.
FAQ
What are the benefits of registering a trademark?
Who can apply for Trademarks?
What are the Classification of goods are adopted in India ?
This system, internationally recognized, helps in categorizing trademarks based on the type of product or service, simplifying the process of registration and protection.
How can we know whether a similar trademark exists?
What are the trademark registration fees for different types of applicants in India, and is there any special concession for MSMEs and Startups?
Trademark registration fees in India vary depending on the type of applicant. The online application fees are categorized as follows:
- Individual Applicant: The filing fee for trademark registration is ₹4,500.
- Non-Individual Applicants (such as companies, LLPs, firms, etc.): The filing fee for trademark registration is ₹9,000.
- MSMEs and Startups:
For Micro, Small, and Medium Enterprises (MSMEs) and Startups, the government has introduced a special concession. These entities can avail a 50% reduction in the trademark registration fees compared to the standard fees for non-individual applicants. This means MSMEs and Startups only need to pay ₹4,500 for trademark registration, which is the same as the fee for individual applicants.
This reduction in fees is part of the government’s initiative to encourage innovation and help small businesses and startups protect their intellectual property at a lower cost.
The grounds for refusal of trademark registration under the Trademarks Act are classified into two categories:
- Absolute Grounds (Section 9 of the Act):
These are general grounds for refusal, such as the trademark being devoid of distinctiveness, being descriptive, deceptive, or contrary to public policy or morality.
- Relative Grounds (Section 11 of the Act):
These involve conflicts with existing trademarks. A trademark may be refused if it is similar to a registered mark or if it may cause confusion or deceive the public due to its similarity with an existing trademark.
These grounds ensure that trademarks are distinctive, non-deceptive, and do not infringe on the rights of others.
The Trade Marks Act, 1999 prescribes that any third party can oppose the registration of a trademark, as long as it has sufficient cause to believe that the existence of the trademark application would lead to confusion or deception among the relevant trade public.
A trademark registration is valid for 10 years from the date of application. After this period, the registration can be renewed indefinitely for subsequent 10-year periods, provided the renewal fees are paid.
The symbol “TM” stands for "Trademark" and indicates that a mark has been filed with the Trademark Office, but is not yet registered. It can be used by anyone who is in the process of seeking trademark protection.
The symbol “®” stands for "Registered Trademark" and can only be used once the trademark has been officially registered with the Trademark Office and is legally protected. Using the ® symbol without registration is an infringement and may lead to legal consequences.
If two people are using the same trademark and neither is registered, each party would have common law rights that are limited to their geographical reach. However, if the geographical reach as well as the field of goods or services overlap one another, then the party who can establish an earlier date of use of the trademark would generally have “prior rights.”
The holder of a registered trademark has exclusive rights to use the mark. If someone infringes on this registered trademark, the trademark owner can take legal action for infringement. However, no action can be taken for the infringement of an unregistered trademark.
The limitation period for filing a suit for infringement of a registered trademark is three years from the date of infringement.
International registrations, obtained through the Madrid Protocol, allow trademark holders to gain protection in multiple countries and regions using a single application.
The application can be filed in English, French, or Spanish.
The international trademark registration is valid for a period of ten years. You can renew it as early as six months before the expiration of this ten-year term or within the six-month grace period after it expires.
