Trademark FAQs
Complete Brand Protection Guide
Can I register a name that is descriptive of my goods?
Generally, no. "Best Shoes" cannot be trademarked for shoes. The name must be distinctive or unique.
What is a Trademark Class?
Goods and services are divided into 45 classes. You must file under the specific class relevant to your business (e.g., Class 25 for clothing, Class 42 for software).
What is the difference between the ™ and ® symbols?
Use **™** immediately after filing your application. Use **®** only *after* you receive the registration certificate. Using ® prematurely is illegal.
How do I conduct a Trademark Search in India?
We use the IP India public database to check for identical or phonetically similar marks to ensure your brand is available.
My Trademark status says "Objected." What does this mean?
It means the Examiner has raised a query (e.g., similarity to existing marks). You must file a legal reply within 30 days to avoid abandonment.
What is the penalty for not replying to a Trademark Examination Report?
Your application will be marked "Abandoned," and you will lose your filling fees and priority date.
Can I register a sound or smell as a trademark?
Yes, these are "Non-Conventional Trademarks," though they are harder to prove distinctiveness for.
What is a "Well-Known Trademark"?
A status granted by the Registrar for brands with substantial reputation (e.g., Tata, Google). They get protection across *all* classes.
Can I trademark my personal name?
Yes, if it has acquired distinctiveness in trade (e.g., "Bajaj" or "Honda").
How long is a Trademark valid?
10 years. It can be renewed indefinitely every 10 years.
What is the "Vienna Code"?
It is a classification for the figurative elements (images/graphics) in a logo. It helps in searching for similar logos.
Can I correct a mistake in my Trademark application after filing?
Minor clerical errors can be corrected using Form TM-M. Substantial changes to the brand name are not allowed.
What is Trademark Opposition?
After your mark is accepted, it is published in the Journal. Third parties have 4 months to oppose it.
Can I register a trademark in Delhi if my office is in Chandigarh?
Yes. Jurisdiction is based on your principal place of business, but we can manage filings centrally.
What is a "Counter Statement" in trademark opposition?
It is your formal defense filed against a Notice of Opposition. Failure to file it results in losing your application.
Can foreign companies register trademarks in India?
Yes, they can file directly or through the Madrid Protocol, designating India.
How much usually does a trademark objection reply cost?
Fees vary based on complexity, but typically range between ₹3,000 to ₹10,000 for professional drafting.
What is "Passing Off"?
It is a common law tort used to protect unregistered trademarks where one party misrepresents their goods as another's.
Can I register a domain name as a trademark?
Yes, if the domain functions as a source identifier for your goods/services (e.g., Amazon.com).
Do I need a logo to file a trademark?
No, you can file a "Word Mark" which protects the text only. This often provides broader protection.
What is a Collective Mark?
A mark used by members of an association (e.g., CA, CPA) to indicate membership.
What is a Certification Mark?
A mark certifying the quality or origin of goods (e.g., Woolmark, ISI).
Can I file a trademark if I haven't started using it yet?
Yes, you can file on a "Proposed to be Used" basis.
What is the Nice Classification?
The international system used to classify goods and services for trademark registration.
Can I transfer my trademark to another company?
Yes, via a Deed of Assignment, with or without the goodwill of the business.