FAQs

A person claiming to be the proprietor who is in actually uses it or proposed to be used could apply for Trade Mark. 

• It should be capable of distinguishing the goods or services of one undertaking from those of others.
• It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

Courtesy – www.ipindia.nic.in

TM denotes to the Temporary Mark. Unregistered marks or those marks which are applied for registration but not yet registered are presented by ‘TM.’

The Mark which is registered is denoted by ‘R.’

No. Registration of a Trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the Trademark. Most importantly, no suit can be instituted for the infringement of unregistered Trademarks. For unregistered Marks, action can be brought against any person for Passing Off goods or services as the goods of another person or as services provided by another person.

Passing Off is a common Law of Tort which can be used to enforce unregistered Trade Mark rights.

After Registration the Trade Mark is in force for 10 years  and it could be renewed for 10 years every time before expiry.