What are the criteria for trademark registration?
The legal requirements to register a trademark under the Trade Marks Act, 1999 are as follows:
- The mark should be capable of being represented graphically (ie, in paper form);
- The mark should be capable of distinguishing the goods or services of one undertaking from those of others; and.
How do you qualify for trademark protection?
For a mark to qualify for trademark protection, it needs to be distinctive. In other words, the mark needs to be capable of identifying the manufacturer of a particular product or service.
Courts consider four categories to determine whether a mark is distinctive:
- Arbitrary or Fanciful.
What does a trademark guarantee?
A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. … You would apply to register a trademark to protect the brand name of the vacuum cleaner.
How difficult is it to get a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
What documents are needed for trademark?
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
What is the fee for trademark registration?
The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.
Can trademark can be used as domain name?
Ans: It is a process that has been established by ICANN resolve dispute regarding domain names. … The trademark can be used as domain name.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.