Frequently Asked Questions About Trademark Registration
1. What is a Trademark?
A trademark serves as a unique identifier for a brand, logo, or symbol. It can be a word, design, logo, tagline, packaging, or a combination of these elements. Trademarks help businesses distinguish their products or services from competitors and are exclusive to a single entity. When effectively used and promoted, a trademark can become a business’s most valuable asset.
It’s important to note that trademarks differ from trade names. While trade names may also act as trademarks, registering a company or business name under the Companies Act does not protect it from others using similar marks.
2. Benefits of Trademark Registration
- Legal ownership proof: Confirms ownership of the trademark.
- Business asset: Builds goodwill and strengthens your business identity.
- Enforcement rights: Provides legal tools to stop others from unauthorized usage.
- Transferable asset: Can be sold, licensed, or assigned.
- Nationwide coverage: Offers protection across India.
3. Why Register a Trademark if My Company Name is Already Registered?
While company, business, or domain name registrations provide legal recognition, they do not grant exclusive ownership rights. Trademark registration offers monopoly rights and safeguards your brand identity.
4. How to Check if a Trademark is Already Registered in India?
You can conduct a trademark search on the Indian Trademark Registry database to identify similar or identical marks. Visit the official portal: Indian Trade Mark Registry Search.
5. Trademark vs. Copyright for a Logo
Both trademark and copyright can protect logos but serve different purposes:
- Trademark: TM, ® Secures the brand name and logo representation.
- Copyright: © Offers exclusivity for the artistic design of the logo.
For comprehensive protection, securing both trademark and copyright registration is recommended.
6. Trademark Registration Validity
A trademark registration remains valid for 10 years from the application date. It can be renewed indefinitely by paying renewal fees every decade.
7. Trademark Registration Timeline
The process takes approximately 18–24 months for straightforward cases without objections or oppositions. However, the application number is issued within 1–2 days of submission.
8. Usage of the ® Symbol
You can use the ® symbol after your trademark registration is officially approved and the certificate is issued. Misusing the symbol before registration is a punishable offense. Until then, use the ™ symbol to claim rights over your mark.
9. Trademark Application Status: “Send to Vienna Codification”
This status indicates the trademark includes a logo or figurative element, and the Vienna Code is being assigned. The Vienna Codification helps categorize and search trademarks with visual components.
10. Trademark Application Status: “Formalities Chk Pass”
This status confirms that basic requirements, like filing a POA or translation/transliteration, have been met. If requirements are incomplete, the status will reflect as “Formalities Chk Fail.”
11. Trademark Application Status: “Formalities Chk Fail”
This status arises from incomplete filings, such as missing POA or incorrect classification. Addressing these issues promptly is essential for the application to proceed.
12. Trademark Application Status: “Marked for Exam”
When this status appears, the application has been assigned to an examiner. The examiner evaluates its eligibility under trademark laws and issues an examination report.
13. Trademark Application Status: “Exam Report Issued” or “Accepted”
This status indicates the trademark is approved for publication in the Trade Marks Journal. If no objections arise, it moves to the final registration stages.
14. Trademark Application Status: “Objected”
Objections occur when the examiner raises concerns about registrability. Applicants must respond with a written reply within one month of receiving the examination report.
15. Trademark Application Status: “Advertised” or “Accepted & Advertised”
This status appears when the trademark is published in the Trade Marks Journal. During the four-month opposition period, third parties can challenge the application.
16. Trademark Application Status: “Opposed”
If opposed, the applicant must file a counter-statement within two months. Failure to do so results in abandonment of the application.
17. Trademark Application Status: “Send Back to EDP”
This status reflects data entry errors or document digitization issues. The EDP section rectifies these problems before the application progresses.
18. Trademark Application Status: “Send to PRAS”
PRAS (Pre-Registration Amendment Section) handles amendments related to proprietor details, address, or goods specifications made before registration.
Read Further: Delhi High Court Grants IKEA Relief in Trademark Infringement Case
