Beware! There are people who may copy the logo or the name of your company. The long years of your efforts in building the brand and your market share should never go unaddressed. The law of the land has a solution to protect your interest. You can register logo and name under Trademark Registration authorities.
What is Trade Mark (TM)?
In India Trade Mark is governed through Trade Marks Act, 1999. As per the Act, TM means a Mark Capable of distinguishing the Goods/services from others. In simple words it’s a brand image of your business.
List of items which can be registered as Trade Mark:
Trade Mark can be obtained for any one of the below or on all:
- Company name.
- Company logo.
- Combination of Name and Logo.
- Website (Domain Name).
- Packing style.
- Product or shape of Goods.
- Tag line.
Whether Trade Mark Registration is Mandatory?
No. It is optional.
What will happen if Trade Mark is not obtained?
Any other person can use your Brand Name/Image and they can make Application to Trade Mark Registry. After Registration they can sue others for using their Brand name. In short the ownership of Brand Name gets transfers to others.
How to Register a Trade Mark?
Application to be filed to Registrar of Trade Marks with proposed Brand details to be registered.
How much time it takes to get Trade Mark Registered?
Registration of Trade Mark will take 12-18 months.
What is difference between Copy Right and Trade Mark?
Copy Right is required for the artistic things like story/Poem/new Concept/Web Contents etc. Trade Mark to be registered for Brand Image/Brand name.
Trade Mark Registration is valid for how many years?
Registered Trade Mark is valid for 10 years. You can renew it for a further period of 10 years.
Is the Trade Mark is asset?
Yes. It is an Asset of the Company. Registered Trade Mark will be classified as Intangible Asset.
When can we use “TM” and “R”?
Once we file the application, applicant can put “TM” above to the logo/Name and After Registration applicant can put “R” with his logo. TM denotes Trade Mark applied and R denotes Registration.
Can we file Trade Mark Registration outside India?
Yes. Any person in India can file for Trade Mark Registration in any country outside India.