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India has a first to use rule for obtaining trade mark rights. This means the first person to use a mark in India will generally have superior rights to a person who files a trade mark application at a later date.A trade mark may be cancelled if it is not used within five years from registration and a third party brings an action for removal of the trade mark.A trademark is a word, symbol, design, combination of letters or numbers, or other device that identifies and distinguishes products and services in the marketplace. Once developed through advertising, marketing, trade shows, and other means, trademarks become one of your most valuable assets. Your customers identify your firm with your trademark.

Use of TM, SM and symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application. The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

Benefits of registering a trade mark

  • A registered trade mark gives you the exclusive legal right to use, license and sell your intellectual asset in India
  • Registering a company name, a business name or a domain name does not give you exclusive rights to use that name.
  • If infringed, you may serve a notice to object to the importation of goods that infringes your registered trade mark.
  • The application will receive the First Examination Report in 3-5 weeks, confirming the outcome.
  • This option provides the application only and no advice will be given. If you are unsure if your mark is available, it is best to order a Search Report first.
  • For maximum protection, more than one trademark registration may be necessary (for instance, for a word mark and a separate device mark). We will be pleased to advise you about all options relevant to your company and its trademarks..
  • Valuable Asset. In today’s Internet economy, trademarks are a valuable asset for companies of any size and registering your trademarks grants you valuable national rights to the trademarks.
  • Nationwide Priority. By registering your trademarks you preserve the right to expand your business into geographic regions of the country where you have not previously conducted business
  • Tool Against Cybersquatters. If a cybersquatter is infringing on your trademark by registering it as a domain name registration of your trademark is one of the elements considered in legal proceedings to determine the rightful owner of the domain name thus preventing the erosion of the goodwill and value in your trademarks.
  • Advantages in Court. Having a registered trademark provides the advantage of a legal presumption that you are the owner of the trademark, that the trademark is valid, and that you have the exclusive right to use the trademark nationally
  • Enhanced Remedies for Infringement. A Trademark registration provides notice and acts as a deterrent to potential infringers that you are the exclusive owner of the trademark. A Trademark registration allows for doubling of the actual damages suffered by the owner, plus attorneys’ fees if someone infringes on your trademark.
  • trademark Registration You've worked hard to build a name for your business. Protect it. A registered trademark greatly expands the legal protections available to your brand.

Types of Trademarks

Trademarks can be of various types; service marks, collective marks, certification marks etc. Whatever the type of trademark, the purpose of the trademark is the same; to distinguish the source of the goods or services and assure the consumers of the quality of the product or service.

Types of Trade Mark - Suggestive purpose only

Combined word and figurative mark
figurative mark

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