Trademark Feeling
What is a Trademark?
A Trademark is a unique sign, symbol, logo, word, design, sound, or combination that helps identify and distinguish a business’s goods or services from others.Trademark filing is the process of legally registering this unique identifier with the government to protect it from misuse.What Is a Trademark?
A trademark can be:
- Brand name → Nike
- Logo → Apple symbol
- Slogan → “Just Do It”
- Shape → Coca Cola bottle
- Sound → Netflix sound
- Colour combination
- Signature or device
Why Is Trademark Filing Important?
- Legal Protection
- Exclusive Rights
- Brand Identity
- Business Expansion
- Asset Creation
- Prevents Others From Using Similar Marks
What Can Be Trademarked?
- Brand names
- Company names
- Logos
- Product names
- App names
- Taglines
- Packaging designs
- Sounds (audio marks)
- Colours and combinations
- Signatures
- Domain names
What Cannot Be Trademarked?
- Generic terms (e.g., “Laptop” for laptops)
- Descriptive words (e.g., “Sweet”, “Best Quality”)
- Hurtful, obscene, or offensive names
- Country flags or national symbols
- Marks identical to existing registered ones
- Geographical names alone (like “Delhi Furniture”)
Trademark Filing Process (India Model)
Step 1: Trademark Search Check if the trademark already exists on the IP India portal. This prevents objections and rejections.Step 2: Choose the Right Class
Total 45 classes:
- Class 1–34 → Goods
- Class 35–45 → Services
Step 3: Prepare Documents
- Applicant identity proof
- Logo (if applicable)
- Business proof
- Power of Attorney (TM-48)
- Description of goods/services
Step 4: File Trademark Application (TM-A)
Online filing with the Trademark Registry.
You instantly receive:
- Application number
- ™ symbol usage rights
Step 5: Examination by Trademark Officer
Officer checks:
- Similar trademarks
- Objectionable content
- Legal compliance
Step 6: Reply to Examination Report
If objections arise, applicant must file a reply or attend hearing.
Step 7: Trademark Publication in Journal
If accepted, the mark is published to invite public opposition (4-month period).
Step 8: Registration & Certificate
If no opposition → the mark gets Registered.
You can now use the ® symbol.
TM validity: 10 years, renewable indefinitely.
Documents Required for Trademark Filing
For Individuals:- ID proof (Aadhaar/PAN)
- Address proof
- Logo (optional)
- Signed TM-48
- Certificate of incorporation
- Board resolution
- Authorized signatory ID proof
- Logo (optional)
- TM-48
Costs Involved
(Standard government fees, India example)- Individuals / Startups / MSMEs: ₹4,500 per class
- Other entities: ₹9,000 per class
- Lawyer/agent fees vary depending on service quality
Validity and Renewal
- Initial validity → 10 years
- Renewal every 10 years
- No limit to the number of renewals
- Non-renewal can lead to cancellation
Trademark Symbols and Their Meaning
| Symbol | Meaning |
| ™ | Trademark applied for, not registered |
| ℠ | Service mark applied for |
| ® | Registered trademark |
How Advocate Junction Can Help With Trademark Filing
- Trademark Search
- Correct Class Selection
- Application Drafting
- Objection Handling
- Opposition Management
- Trademark Watch
- Renewal & Maintenance
- Legal Enforcement
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