Top 10 most frequently asked trademark questions answered

TRADEMARK RELATED FAQs

Q.1 What is a trademark?

Ans. A trademark is a word, logo or tagline that identifies your business’s products and services. It helps to build your business’s identity. It further prevents any third party from trading upon your established goodwill. In other words a mark which represent your trade is called Trademark .

Q.2 Can we get multiple trademarks under one GST or business?

Ans. Yes! You can get as many trademarks as required under one GST or business as there is no relation between the two. However, you should note that each trademark application has to be filed separately and with separate registration fee for each application.

For example, Patanjali Ayurved Limited has over 140 trademarks in just one class of trademark with different names or logos for all of its products.

Q.3 Is there a return to be filed for Trademarks?

Ans. No! Unlike under the GST regime or the Income Tax Act, 1961, there is no need to file any returns for your registered trademarks. It is solely to protect your business identity.

Q.4 If I have a company registered, is its name protected from use by anyone else?

Ans. A registered company’s name is protected against use by any other company or LLP for their business, but a third party can still get a trademark registered in that name.

But on the other hand, if you get a trademark for the name, the name can neither be used by a company, LLP nor any individual for any purpose under the class that you have registered. Therefore, protection by a trademark supersedes the protection of name by incorporating a company.

Q.5 Can we get logo, name and tagline, all registered under a single Application?

Ans. No, you cannot get name, logo and tagline registered under a single application, all applications are treated in a different manner by the Registrar and separate applications are required.

For example, Nike has its logo, name and tagline, registered in separate applications.

Q.6 Do we get trademark for lifetime?

Ans. No, trademarks are valid for a period of 10 years. After the completing of 10 years, one can file application for its renewal and paying the renewal fee. If it is not renewed, it will be marked abandoned and will be available for anyone to use. Even after the death of owner of trademark, the same can be transferred to his legal heirs.

Q.7 Do we get worldwide protection after registering trademark in India?

Ans. No, trademark registrations are trerritorial in nature, which means they are valid only in the country of their registration. For protection in various countries, you need to file separate applications in all those countries.

Q.8 What is the difference between TM and R written with logo or names of the brands?

Ans. The symbols TM and R indicate the status of trademarks of a brand name or logo.

The symbol TM indicates that the business is claiming ownership for the particular name or logo of the brand and has applied for the registration and is currently under process. Use of symbol TM does not guarantee that the person will get the trademark hence does not provide protection.

On the other hand, the symbol R is used when the business has successfully registered its brand name or logo and has received the Registration certificate. Use of the R symbol is regulated by law, and its use without having a registered trademark is a criminal offence.

Q.9 What is the time frame for registering a trademark?

Ans. The process of getting a trademark registered takes 10-12 months approximately. One you have filed the application, it takes 4-5 months for the Registrar to examine the application and issue an examination report, after that 1 month is provided to reply to the examination report after which the application is published in the Trademark journal and is then open for oppositions by the public for 4 months, if no opposition is received, the Application gets registered.

While if an opposition is received, 2 months’ time is given to the Applicant to file a Counter Statement after which the trademark gets registered on satisfaction of the Registrar.

Q.10 Do I require a DSC to file an application for trademark?

Ans. Yes, to file a trademark application, a DSC is required. In addition, the applicant also needs to create an account on the Trademark Registry. It is advisable to consult a trademark attorney who can help you with the trademark registration and hence you will not need to get a DSC.