A Trademark is any word, name, symbol, device, logo, slogan, or combination thereof used to identify and distinguish the goods or services of one party from those of others. In India, trademarks are governed by the Trade Marks Act, 1999.
Types of Trademarks
- Word Mark: Brand names, slogans (e.g., "Just Do It")
- Device Mark: Logos, symbols, designs
- Combined Mark: Word + device together
- Sound Mark: Musical jingles, sounds
- Color Mark: Specific colors (rare)
- 3D Mark: Shape of goods or packaging
- Service Mark: For services instead of goods
Trademark Classes
Trademarks are classified into 45 classes under the Nice Classification:
- Classes 1-34: Goods
- Classes 35-45: Services
Trademark Symbols
| Symbol | Meaning | Usage |
|---|---|---|
| ā¢ | Trademark (unregistered) | Can be used without registration |
| ā | Service Mark (unregistered) | For services, no registration needed |
| Ā® | Registered Trademark | Only after registration granted |
Registration Process
- Trademark search for availability
- File application (TM-A form)
- Examination by Trademark Registry
- Publication in Trademark Journal
- Opposition period (4 months)
- Registration certificate issued
Validity & Renewal
- Initial Validity: 10 years from application date
- Renewal: Every 10 years (can be renewed indefinitely)
- Renewal Fee: Rs. 9,000 (before expiry), Rs. 10,000 (after expiry)
Benefits
- Exclusive right to use the mark
- Legal protection against infringement
- Asset that can be licensed or sold
- Brand recognition and trust