SECURE YOUR BRAND BY APPLYING TRADEMARK
What is Trademark?
A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders.
A trade mark can be represented graphically in the form of your company’s logo or a signature.
Through a registered trade mark, you can protect your brand (or “mark”) by restricting other people from using its name or logo.
It is not compulsory to Register a Trademark in India, but For a mark that is not registered, you may rely on your rights under the common law action of "passing off" to protect your mark against imitation or infringement.
How to apply for a Trademark?
A trademark application has to be filed before the Registrar of Trade Marks. It should be filed at the office of the Trade Marks Registry corresponding to the principal place of business of the applicant. While applying for the Trade Mark Registration, the proprietor has to define the class under which he wants his product / service to be classified. Finally, once the work is done, you need to pay the fees associated with the Trademark. Today, as per the Trademark Rules, 2002, the application fees are Rs. 4000/- per trademark.
What happens after applying for TM?
After making necessary TM application, you can use the word TM above your LOGO. Usually you would get an Registered Trademark after 2 years of time. Once making the application, you can use your logo for advertising.
A trade mark can add value to your business because it can be used to protect your market share, you can license it to third parties such as a franchisee, or you can sell it outright for a specified value.
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Online Trademark Registration Services
The trademarks of goods and services are categorized into different classes. There is a different registration requirement for each class. Sometimes, however, trademark class searches can be extremely generic. The word 'Face' is a trademark owned by Facebook in several countries. Does this pose a threat to North Face footwear? What if not? Could you explain? This is because the government categorizes all trademark registrations according to different classes (i.e. your industry).
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