Trademark basic FAQs

WHAT IS A TRADEMARK?

A trademark can be any word, phrase, symbol, design, numeral or a combination of these things which can be represented graphically and that is capable of distinguishing the goods or services of one enterprise from those of other enterprises.

IS TRADEMARK PROTECTION MANDATORY? HOW CAN I PROTECT MY TRADEMARK/ BRAND NAME?

No, trademark protection is not mandatory. If one desires, they can protect their trademark by filing an application for registration with the national trademark office and paying the required fees. Even international trademark protection is possible which can be discussed at a later stage. It is advisable to take the help of a trademark attorney to protect your trademark.

WHICH IS THE RELEVANT STATUTE GOVERNING TRADEMARK REGISTRATION IN INDIA?

In India, the trademark registration process is governed by the Trademarks Act, 1999.

WHAT RIGHTS DOES TRADEMARK REGISTRATION PROVIDE?

Registering a trademark will give the Applicant an exclusive right to use the registered trademark and helps to create goodwill and recognition of the product’s quality. The owner can exclusively use the trademark and license it to another party for use in return for a particular payment. Registration helps the Applicant/ owner in case of litigation by providing a proof of their rights and creates an asset in favour of the owner.

WHAT MAY BE AN IDEAL TRADEMARK?

An ideal trademark should be unique and distinct to be able to acquire trademark registration easily.