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FAQ of Trademark Registration in India

Q1. What is a trademark?

Answer:- In common language trademark is the identity of the business. General public and people in connection with the trade identifies with trade mark the origin of the goods and services. It could be name, logo, symbols, device or a combination of them.

Q2. What are the different types of trademark?

Answer:- Now, due to recent changes we have only five categorizations at the time of making trademark application. These are: 1. Word Mark 2. Logo 3. Device Mark 4. Small Mark 5. Taste mark.

Q3. Why we should file for trademark registration?

Answer:- Filing for trademark registration is strongly advised as it is first the first step towards protecting the identity of your business. It establishes your claim of ownership of that mark and gives you the exclusive right to use the mark on or in connection with the trade or provision of services for which the mark has been filed.

Q4. Who can file Trademark application?

Answer:- In trademark goods and services are categorized into several class on the basis of nature of goods, functionality and activities. A business can do several activities and a trademark application provides protections to those activities of a business which falls into the particular class & its description for which trademark application is made. Thus if the nature of activities of a business falls into different classes different application has to be filed to seek protection of the trade mark for those activities. For instance, a business is into sale, erection and maintenance of sewing machinery it is required to file two trademark application at least. These are as under: Class 7- Sewing Machinery Class 37- Erection, installation and maintenance of machine

Q5. What is the validity period of trade mark application?

Answer:- A trade mark once registered will be valid for a period of ten years. The said period of ten years will be counted from the date of filing trade mark application not from the date when the mark is registered.

Q6. Can a trade mark be transferred to any other person?

Answer:- Yes, a trademark can be transferred from one person to another. The process fee of transfer will differ as per the status of the mark. Both registered as well as unregistered mark can be transferred.

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Setindiabiz is an organized team of experienced CA, CS, & Lawyers, duly supported by a pool of trained accountants & paralegal staff that provides quality & affordable compliance services to startups & small businesses in India. The views, statements and recommendations expressed in this article or post are only for the sole objective of providing information, and it does not constitute professional advice or recommendation of the company. Neither the author nor the company or its affiliates accepts any liability for any loss or damage arising from any information in this article or any actions taken in reliance thereon.

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