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D-8,Plot no 1,ARUNODAY CHS LTD ,GORAI-1,Behind Maxus cinema,BORIVALI WEST ,MUMBAI-400092,Maharashtra

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  1. What is Trade Mark?

Answer: A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

 

  1. What is Trademark application fee?

Answer: Trademark Application fee, if application is made online

For Individual / Small Enterprise / Start Ups:   Rs. 4500/-

For others Rs. 9000/-

 

  1. What is the validity of a trademark registration?

Answer: It is valid for a period of 10 years from the date of application.

 

  1. Can we renew a registered Trademark?

Answer: Yes. There is an option of renewal is available for a further period of 10 years.

 

  1. What is Trademark renewal fee?

Answer: Trademark renewal fee, if application is made online;

Rs. 9000 if done on time.

 

  1. What will be consequences if we fail to apply for renewal in time?

Answer: Mark can be renewed after paying additional fee as prescribed in Trademark rules up to a certain period of time.

Rs. 9000 + 4500 (surcharge), if done within 6 month from the date of expiry of registration.

Rs. 9000 + 9000 (Restoration), if done after 6 month and within 1 year from the date of expiry of registration.

 

  1. Can we get Trademark registrations of Quotes, Tag Lines, Catchphrases, Marketing Phrases and Business Slogans?

Answer: Yes, we can register Quotes, Tag Lines, Catchphrases, Marketing Phrases and Business Slogans as Word mark.

 

  1. Who can apply for trademark registration?

Answer: Any person, claiming to be the proprietor of a trademark used or proposed to be used by him or it, may apply for Trademark registration.

 

  1. Can a LLP / PVT Ltd Co. / LTD Co. / Partnership Co. / Trust or any other form of business apply for trademark registration?

Answer: Yes, however company has to appoint authorized signatory to sign relevant documents for application.

 

  1. Can a person make application for Trademark Registration on its own?

Answer: Yes, it can. However it is advised to consult attorney or legal advisor in this regard to avoid error while making application.

 

  1. Can signature of any person be registered as trademark in India?

Answer: Yes. Provided that it should not be unusual for trade to adopt as a mark.

 

  1. Can Name of any person be registered as trademark in India?

Answer: Yes. Any name (including personal or surname of the applicant or predecessor in business), which is not unusual for trade to adopt as a mark.

 

  1. How to select a good trademark?

Answer: The best trademarks are unique, invented words or coined words.

Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.

Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super, real, natural,   organic, pure etc.)

It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

 

  1. What are the grounds at which a Trademark application can be refused?

Answer: Section 9. Absolute grounds for refusal of registration

Section 11. Relative grounds for refusal of registration.

 

  1. What are Absolute grounds for refusal of registration as per section 9 of TRADE MARKS ACT, 1999?

Answer: If the applied mark is non-distinctive, consist marks or indications which designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production or rendering of services then it shall not be registered and shall be refused on absolute grounds as per section 9 of Trade Marks Act, 1999.

 

  1. What is proviso of Section 9 (1) of Trade Marks Act, 1999.

Answer: Proviso of Section 9 (1) of Trade Marks Act, 1999 states that “A Trade Mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is well-known trade mark.

 

  1. What are Relative grounds for refusal of registration as per section 11 of TRADE MARKS ACT, 1999?

Answer: If there is already similar mark with same goods or services description registered or application filed then in such case subsequent trademark application shall be refused on relative grounds as per section 11 of Trade Marks Act, 1999.

 

  1. Can a trademark be transferred from one person to another?

Answer: Yes, Trademarks can be sold and transferred from one owner to another through a process known as assignment.

 

  1. Can we use TM without registering?

Answer: Yes, we can use TM sign without registering trademark but there will be no legal protection available to the proprietor of Mark. Hence it is advisable to get trademark registered before using it or before making it public to avoid any legal difficulties in future related to brand name.

 

  1. What do symbols TM, SM and R means?

Answer: Symbol TM means “Trade Mark” and Symbol SM means “Service Mark” and R in a circle means that Trade Mark / Service Mark has been registered.