A trademark (popularly known as brand name) in layman's language is a visual symbol that may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are: 1. The selected mark should be capable of being represented graphically (that is, in paper form). 2. It should distinguish the goods or services of one undertaking from those of others. 3. It should be used or proposed to be used the mark about goods or services to indicate or indicate a connection in the course of trade between the goods or services, and some person has the right to use the mark with or without that person's identity.

If it is a word, it should be easy to speak, spell and remember. The best trade marks are invented words, coined words, or unique geometrical designs. Please avoid selecting a geographical name, common personal name or surname. No one can have a monopoly right on it. Avoid adopting laudatory words or words that describe the quality of goods (such as best, perfect, super, etc.)

Under modern business conditions, a trademark performs four functions: 1. It identifies the goods / or services and their origin. 2. It guarantees its unchanged quality. 3. It advertises the goods/services. 4. It creates an image for the goods/ services.

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office

The Registered Proprietor of a trademark can create, establish and protect the goodwill of his products or services; he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registering and protecting trademarks. The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations.

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register

No, it is not compulsary to conduct the trademark search, but to save your time, further cost and any unnecessary hindrances to your business name and TM registration, trademark search is an inevitable step.

You can carry on your business even without registering your trademark, but if you are serious about your business and wish to establish a name in the emarket, it is recomended to ger it registered. It not only creates a trust in your consumers' mind, but also safeguards you from unnecessary big expenses in future in exchange of safeguarding the goodwil you have earned through your own efforts.

You can get the service of trademark public search in just Rs. 999 (professional fee) from eminent trademark experts in the market in Trademarkclick.

It is difficult to give any specific amount, as the trademark registration cost varies depending on the kind of trademark you've chosen to use. However, the cost starts from as low as Rs. 2500 (professional fees) with eminent trademark experts in Trademarkclick.

The time taken for trademark search in India takes 2-3 days, depending on your requirement.

You can check the trademark registraton status on the official site of the trademark registry, or ask the trademarkclick experts, they'll get it done immediately for you.

You can e-register your trademark on the official site of trademark registry, or let the industry experts in trademarkclick to help you with this.

You can do the trademark registration online by yourself, but certain steps should be followed as a precautionary measure before proceeding for trademark registration filing, and for that it is recommended to involve an expert and for that you can connect trademarkclick.

For trademark registration, price starts from Rs. 2500 (professional fee) and the price depends on the kind of trademark you are seeking registration for. To discuss call at +91-11-41085620 , +91-11-46714072.

TM is used for unregistered trademarks, (R) is used for registered Trademarks, and SM is used for Service Marks. Which one should you use? DIscuss it with trademarkclick.

For trademark registration in India, you need to follow the prescribed procedure by the Trademark Registry.

Yes, you can register your logo using the trademark registration portal, but make sure that you take every precautionary measures before filing the trademark application.

A registered trademark is valid for 10 years from the date of application. It can be renewed indefinitely by paying renewal fees every 10 years.

A trademark application is rejected when it contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, is scandalous or obscene, or is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. If your trademark does not fall under any of these conditions but still your trademark application is rejected, discuss with the experts on trademarkclick.com how to revive your application.

In India, a company's director cannot apply for a trademark. A trademark application must be submitted in the name of the business.