What is a Trademark?

A Trademark refers to a “brand” or “logo”. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Properly used and promoted, a Trademark may become the most valuable asset of a business.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

'TM' stands for Trademark and 'SM' stands for Service mark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The © symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

The registration process is the same for both trademarks and service marks.

Trademark Services

We offers a comprehensive range of trademark services which include:

• Trademark Search
• Opinion on registrability of trademark
• Filing and prosecuting trademark applications
• Responding to office actions
• Handling trademark opposition proceedings
• Dispute resolution and litigation
• Advice on validity of registrations
• Advice on infringement and passing off
• Issuing legal notice (cease and desist letters)
• Publishing caution notice
• Trademark watch and monitoring services
• Renewal of trademarks
• Trademark due diligence
• Drafting license agreements, franchisee agreements and assignment deeds

Trademark Search

Before adopting a trademark, a trademark search is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or registered in the Trademarks Registry.

PCTM provides trademark search services in India, assisting clients in the selection of brand names and ascertaining whether any identical or similar trademarks are already existing in the records of the Trade Mark Registry.

The cost of conducting a trademark search is quite insignificant in comparison to the efforts and costs involved in rebranding due to infringement of others rights.

Therefore, a trademark availability search is highly advisable before huge amounts of money and time are invested in a trademark and the guidance of an experienced trademark attorney are extremely worthwhile.

In order to conduct a trademark search, kindly provide us with the following simple information:

1. Trademark to be searched
2. Goods/Services in respect of which the trademark is to be searched

The trademark search results are reported within two hours

Classes of goods and services

Before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark. An application should be made in the relevant classes of current goods/services as well as in classes where there is intent to use. All goods and services are divided into 45 classes.