30/08/2016
What can be registered as a trademark?
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Name, word, symbol, color, phrase, shape, signature, letters, slogans, surname, packaging can be trademarked which rightly gives a unique image of the company, brand or individual that separates the product or services of one trader from the other. Anything that gives a distinct identity to the product and services which thereafter distinguishes one trader from the other.
What cannot be registered as trademark?
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Idea, state flags & hallmarks, process, similar existing marks, generic words cannot be trademark as they fail to meet the minimum requirements for the trademark registration..
What is the difference between goods and services?
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Goods are tangible products, Like computers and machinery.
Services are activities performed for the benefit of someone else, such as IT services or catering
Can a foreign national apply for trademark in India?
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Yes, foreigners can apply for trademark in India.
India has declared certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person or company from a convention country, may within six months of making an application in the home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country.
What is the difference betweent Trademarks, Copyrights, and Patents.
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Trademark, Copyright, and Patents are often confused to be the same. Although each one is used to safeguard intellectual property rights, they are fundamentally different from each other and used for different purposes.
Copyright - Protects an original artistic or literary work
Patent - Protects an invention
Trademark - Protects brand names and logos used on goods and services.
Can one trademark a logo designed by himself?
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Yes. Your logo is part of your brand to identify your business and consists of a design that is generally used by you and your company on your products or printed materials related to its services. It's important to protect that brand, and by extension, the logo that represents it. The logo may be a design by itself, a design with letters or words, or a design consisting simply of stylized words or letters.
Who can apply for trademark registration?
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Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.
When can I use ™ with my Trademark
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The TM mark can be used along with the trademark once the trademark application is filed with the Government.
When can I use ® with my Trademark
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The ® mark can be used the application gets approved from the government. Generally it takes about 8 months to 2 Years for a TM to be approved.
Can a single trademark be used for services belongs to different classes
---------------------------------------------------------------------------------Yes, single trademark application can be filed for different classes services but the fees for filling in each class is increase every time just like you have filed a single application for one trademark.
Is the Tradermark registered in India, valid all over the world
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No, Trademarks have to be registered in individual countries, depending on the legislation
Do I have to hire an attorney when filing to register my trademark?
------------------------------------------------------------------------------------A trademark application can be filed by your own. Attorney’s are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys,
