What is the difference between a wordmark and a logo trademark?

A wordmark consists of words, letters, or numbers, while a logo trademark includes a design element, graphic, or symbol. Both can be registered separately or together as a combined trademark.

How do I check if my desired trademark is available in India?

You can perform a trademark search on the official website of the Intellectual Property India (IPI) or hire a trademark attorney to conduct a comprehensive search. https://ipindia.gov.in. Visit the said link-Trade Marks-Related Links-Public Search.

How long does it generally take to get your trademark registered in India?

A trademark generally takes anywhere between 9-12 months for a trademark to receive registration in India. However, this time frame is only applicable in conditions where no objections or third party oppositions are issued against the applied mark.

Who can apply for a trademark registration?

Any individual person, Partnership, Company, HUF or Corporation is eligible to file for a trademark registration in India.

What is the difference between TM & ® symbol?

The TM symbol is used to indicate a trademark claim. It is generally used in cases where a trademark has been applied for registration, but the registration is in process. It is important to remember that TM symbol is not an indication of trademark registration. Whereas the ® symbol is used to denote a registered trademark.

What if someone uses the ® symbol without valid trademark registration?

Unauthorised use of the ® symbol is illegal and use of the same without a valid registration could lead to legal problems and fines.

What is infringement?

When someone uses your registered trademark without your permission, it is called infringement. In case someone infringes your mark, you can take legal action and file a suit for infringement against them in court.

Can I file a suit for infringement if my trademark is not registered?

No, suit for infringement cannot be filed is someone uses your unregistered trademark without permission. However, in such case, a suit for passing off may be instituted.

What is the validity of trademark registration in India?

A trademark is valid for a period of 10 years from the date of registration, however, you may keep on renewing the same for the another 10 years indefinitely.

Does trademark registration in India guarantee international protection?

No, trademark registration only ensures protection in the particular jurisdiction only. A trademark registration in India only grants rights within the geographical territory of India. Trademark registration for each country has to be obtained individually.

Can I register a domain name as a trademark?

Yes, domain names can be registered as trademarks so long as they qualify the essential elements of trademark.

What are the types of trademarks that can be registered in India?

Any names, logos, word, artwork, mascot, slogan, symbol, shapes, smells, sounds, taste, touch etc., can be registered as trademarks in India if they possess the essential features of a trademark i.e., distinctiveness, uniqueness, source identification and use in trade.

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Trademark Copy Funny Meme T-Shirt – Legal Desi Humour Tee for Entrepreneurs by TMWala

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