A trademark is any mark, logo, name, symbol, letter, figure, word, used by any individual or the company in order to uniquely identify its goods or services from those manufactured or sold by others. Hence, the customers must be capable of distinguishing one’s goods or services from others. Trademark registration is governed by the provisions under Trade Marks Act, 1999. Trademark registration is important as it is legally authorised by the government in order to provide the exclusive rights to the owner for branding, selling, manufacturing and using of the products and services.
Any person whether an individual, proprietor, company or other legal entity who claims to be an owner of the trademark can apply for trademark in India. The application for trademark can be filed and within few days after a grant of registration, one can start using “TM” symbol. The time duration required for Trade Mark Registry to complete formalities is 18 to 24 months. One can use the registered symbol after the trademark is registered and grant of registration certificate. Once a trademark is registered, it will be valid for 10 years from the date of filing, further which can be renewed time to time.