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Trademark Registration

A Trademark generally refers to a "brand" or "logo". Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions. Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality. It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application. The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered. The registration process is the same for both trademarks and servicemarks.

Documents required filing an application to register a Trademark?

To file a trademark application, one need to attach the following documents:-

  • Trademark or logo copy,
  • Applicant details - Name, address proof, Nationality proof
  • Company details,
  • Products or services which are to be registered
  • A signed copy of the Power of attorney on a 100Rs. Stamp Paper
  • First date of using the trademark before getting or applying for registration

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