Q. What is a trademark?

Ans. A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

Q. How can filingdigits help in TM application?

Ans. Filingdigits can help in trademark application from beginning to the end like trademark search, trademark class selection, accurate application preparation etc.

Q. What is the different type of trademark class?

Ans. Registration department has classified the different type of goods and services in 45 classes, you can check the all classes by clicking here.

Q. When can I use TM word?

Ans. As soon as you get the acknowledgement of application, you can use TM with your word etc.

Q. Is there any chances to get reject my trademark?

Ans. Yes, trademark approval is completely at the hand of registrar, if your TM found to be resembling from other then it can get be rejected. However, a unique TM have greater chances to get sure registration.

Q. What is the Government fees for filing trademark?

Ans. Following 'per class' fees is applicable as per category of applicant (applicable for online filing by agent): - Where the applicant is an Individual / Startup/Small Enterprise Rs. 4,500 - In all other cases (Note: Fee is for each class and for each mark ) Rs. 9,000 (Our standard fees given above will be increased by govt fees as mentioned)

Q. Who can apply for a trademark and how?

Ans. Any person, claiming to be the proprietor/business owner of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration.

Q. Who benefits from a trademark?

Ans. The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.The Government earns revenue as a fee for registration and protection of registration of trademarksThe Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same The Purchaser and ultimately Consumers of goods and services get options to choose the best.

Q. Can any correction be made in the application or register?

Ans. Yes, but the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this change are permissible according to rules detailed in the subordinate legislation.

Q. Can a registered trademark be removed from the register?

Ans. It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?

Q. What are different types of trademarks that may be registered in India?

Ans.

• Any name (including personal or surname of the applicant or predecessor in business or the signature of the person)
• An invented word or any arbitrary dictionary word or words
• Letters or numerals or any combination thereof
• The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service
• Devices, including fancy devices or symbols
• Monograms etc.