Question 1

What is trademark registration?

Accepted Answer

Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc used by business to distinguish it services or products from other same goods or services which are made in different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Registered trademarks are intellectual property for business; they are used to safeguard the company's investment in the brand or symbol.

Question 2

What is trademark class?

Accepted Answer

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.

Question 3

What are different types of Trademark?

Accepted Answer

Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, and movies) works. So it's an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance. A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.

Question 4

What is guarantee of my trademark approval?

Accepted Answer

It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.

Question 5

What objected trademark?

Accepted Answer

If a Trademark is registered and the status is shown as "Objected" this indicates that the authority has received 1or more objections on the trademark, this can be because of duplication of existing registered trademark or else the trademark will be offensive even there are various other reasons for trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority determines the trademark to be descriptive of goods. To overcome such objection you require giving proper evidence and proving distinctive of your Trademark.

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Trademark Registration