What is a Trademark?

A trademark is a unique identity used to distinguish your products or services—such as a brand name, logo, tagline, sound, or packaging.
Trademark registration legally protects this identity and gives you the right to exclusively use it.

Why Trademark is Important

• Protects your brand from imitation
• Helps build long-term brand value
• Prevents forced rebranding due to disputes
• Provides nationwide exclusive rights
• Enables legal action against infringers
• Strengthens customer trust and recognition

How Trademark is Different from Copyright & Patent

Types of Trademarks

• Wordmark – Brand name in text
• Logo Mark – Graphic symbol or icon
• Device Mark – Combination of elements
• Label/Packaging – Full label design
• Sound Mark – Distinct sound or tune
• Colour Mark – Unique colour combinations
• Shape/3D Mark – Product shape or packaging

Class Classification & Class Selection

Trademark classes are divided into:

• Class 1–34: Goods
• Class 35–45: Services

Example:

• Clothing – Class 25
• IT Services – Class 42
• Marketing – Class 35
• Restaurants – Class 43

Correct class selection is crucial to ensure complete protection.

Brand Name Search Process

Before filing a trademark application, a detailed search is conducted to ensure your brand is unique and eligible for protection.
 

Brand Name Search

a. Existing Registered Trademarks

We check the official IP India database for identical or similar marks.
 This reduces chances of refusal and legal conflict.

b. Phonetic Similarity

We ensure the proposed name does not sound similar to existing marks, avoiding phonetic objections.

c. Marketplace Usage

Even unregistered brands can raise disputes.
 We check active business usage to avoid such conflicts.

d. Domain & Social Media Availability

We verify availability across:

• Domains
• Social media handles
• Online listings

This ensures your brand identity is consistent and future-proof.

What Cannot Be Trademarked

• Generic terms (e.g., “Milk”, “Shoes”)
• Descriptive words (e.g., “Fresh”, “Best”, “Premium”)
• Common phrases or dictionary words
• Geographic names (e.g., “Delhi Bakery”)
• Identical or similar existing marks
• Offensive or misleading words
• Government emblems, national flags
• Common industry terms

Legal Rights After Registration

Once your trademark is registered, you receive:

• Exclusive rights to use the brand
• Right to use the ® symbol
• Protection against misuse and imitation
• Right to sue for infringement and claim damages
• Right to license, franchise, or assign the brand
• Strong protection on digital platforms
• Long-term brand security

Use of ™ Symbol:
You can start using the ™ symbol immediately after filing the application.

Compliance

After filing and registration:

• Use ™ after filing and ® after registration
• Do not change the brand name or logo until registration is complete
• Renew every 10 years
• Respond to objections or oppositions on time
• Ensure consistent brand usage across all platforms