Frequently Asked Questions about Trademarks

If you want to learn about trademark, you can consult with an IP attorney or an Intellectual Property Attorney. They can provide you information about the nature of trademarks, how then can benefit your business and how you can use it to generate passive income. Additionally, consulting with an attorney can give you an insight into the trademark registration process.

However, if you don’t have to get on call with an IP attorney, don’t worry. We have collected the most frequently asked questions about trademarks in this article.

Question 1: What is a trademark and why need to register it?

A trademark is a mark of your trade. When a customer is buying any product or service, they use the mark to determine the identity of the one providing them that product or service. In simple terms, it’s an identifier for your business. It can be a name, a logo or a tagline. As it’s an identifier, it has to be unique. A trademark attorney can help you obtain a trademark via trademark search.

Question 2: How much time to take trademark registration?

The process of trademark registration is a long one. The time taken during various steps of this process is divided into following:

1. Trademark search: First, you have to know whether or not your selected trademark is unique. In that regard, an IP attorney provides trademark search service. It takes one day to conduct a trademark search.
2. Trademark application filing: Once the trademark is decided, the application is filed along with the submission of supporting documents. This task can take about a day.
3. Application analysis: Once the trademark application is filed, the registrar of trademark analysis it. It can take about a week.
4. Trademark journal: If the trademark application is accepted, your trademark is published in the journal. It remains published for 4 months or 120 days.
5. Trademark registration: If your trademark application faces no opposition during the time it was published in the journal, you receive trademark certificate.

When you combine all of the above, you get: 1+1+7+120 = 129 days.

Note: We can use our expertise to expedite or speed up the process of trademark application analysis.

Question 3: What is Trademark Class and how many/which ones should I file/register for?

A trademark is registered under a specific trademark class. There are 45 trademark classes. Each class specified a particular type of product or service. The first 30 trademark classes specify the product, and the rest of 15 trademark classes specify the services. When you file the application, you file it under one particular trademark class.

As for how many classes you should file your application under, it depends upon the nature of your product and services. However, our recommendation is often is that you file your application in multiple trademark classes. It would help make your trademark (your brand) more powerful.

Question 4: What to do if someone using my trademark?

If you have registered your trademark and find someone else using it, you can do the following:

1. You can contact them to stop their operations and pay for the damages. To make your request heard, you can use an attorney for this purpose. In most cases, trademark infringement cases are resolved using this.
2. If there is no response from other’s end, you can file an injunction and send them the same. It will force your trademark infringer (that someone who is using your trademark without your permission) to stop his or her operations.
3. And in case the person has just filed the application for trademark registration, you can file the notice of opposition.

Question 5: How much cost for trademark registration?

Trademark registration cost is as follows:

• For individuals and sole proprietorship, the government fee for trademark registration is INR 4500/-
• For companies and other business entities, the government fee for trademark registration is INR 9,000/-

Note: You can reduce the trademark registration cost for business entities if you have startup registration certificate.

Question 6: How to maintain trademark after registration?

After you obtain trademark registration, you retain it for a period of 10 years. However, to maintain the good standing of trademark, you need to file maintenance documents to the Registrar of trademark by the end of 5^th year of trademark registration. It’s to assure the registrar that you’re still using the trademark.

Secondly, you have to keep an eye on trademark journal. In case someone filed an application using your trademark, you can file a trademark opposition notice right away.

There are other small details that you have to take care of to maintain your trademarks. You can know about them by talking to our IP experts.