Trademark vs Copyright vs Patent

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	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another.	Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	Author’s life span+ 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Documents Required For Trademark Registration

Incorporation Certificate

If the trademark is registered under a company or LLP.

Partnership Deed

If the trademark is registered under a partnership firm.

PAN Card

Of the authorised signatory.

Aadhaar Card

Of the authorised signatory.

Form-48 Signed

E-sign by using Aadhar authentication from E-sign Desk.

Logo

Please upload the logo in black and white to ensure all colors of the trademark are covered under the registration.

MSME Certificate

GST Registration

User Affidavit

No Objection Certificate

Startup Certificate

Trademark Registration FAQ’s

What is a trademark?

A trademark is a distinctive marker that distinguishes products or services from competitors. It can include symbols, designs, expressions, or identifiable features associated with a specific brand.

What is trademark registration and its importance?

To answer a question of what is trademark registration, it involves legally securing exclusive rights to use a unique mark that distinguishes a company’s goods or services. It provides legal protection and enhances brand recognition.

Who can apply for trademark registration in India?

Trademark registration India is open to individuals, companies, proprietorship firms, partnerships, LLPs, Indian and foreign companies, trusts, and societies.

What are the types of trademark registrations in India?

Trademark registration India includes product marks, service marks, collective marks, certification marks, shape marks, pattern marks, and sound marks.

How do I choose the correct trademark class?

Carefully select the appropriate class that categorizes your goods or services. Common classes include Class 9 (software, electronics), Class 25 (clothing), Class 35 (business management), and Class 41 (education). Our experts can help you select the correct trademark class when register trademark india.

Why is a trademark search necessary?

A trademark search helps ensure the uniqueness and exclusivity of your brand by identifying pre-existing trademarks in the market. IndiaFilings provides tools and support for this search in the process of trademark registration India.

What initial details are required for trademark registration?

Initial details include the applicants name, business type, business objectives, brand/logo/slogan name, and registration address.

What documents are needed for trademark registration India?

Required documents vary by applicant type. Common documents to register trademark India include PAN card, Aadhar card, GST certificate, incorporation certificate, and partnership deed.

How to register trademark in India?

Trademark search
Class Selection and Document Preparation
Trademark Application Filing
Vienna Codification Process
Trademark Examination
Trademark Journal Publication
Trademark Objection/Opposition (if applicable)
Trademark Hearing
Trademark Registration

What is the Vienna Codification process?

The Vienna Classification categorizes figurative elements of trademarks. The Registrar applies this classification to the trademarks figurative elements.

What happens during trademark examination?

A Trademark Registrar officer assesses the application, generating an examination report. The officer can accept, allow for journal publication or object to the application.

What is a trademark journal publication?

Accepted trademarks are published in the Trademark journal, allowing public objections. If no objections arise within 90 days, the trademark is registered in 12 weeks.

What is a trademark opposition?

A third party may file an objection to trademark registration if it harms their interests. Both parties can present arguments, and a Trademark Hearing Officer decides.

What happens if there are no objections or oppositions?

If no objections are raised, the trademark document and registration certificate are prepared and issued, granting exclusive rights to the owner.

How often should I renew my trademark?

Trademarks must be renewed every ten years to maintain their protection.

How can IndiaFilings assist with trademark registration?

IndiaFilings simplifies the trademark registration process, offering services like trademark search, class selection, document collection, application filing, objection handling, and more.

Can I use the TM symbol after applying for trademark registration?

Yes, once the trademark application is submitted, you can use the TM symbol to indicate that you have applied for trademark registration.

Can I appeal a decision made during the trademark registration process?

You can appeal decisions to the Intellectual Property Appellate Board if you disagree with the Registrar or Hearing Officers judgment.

What are the post-registration services offered by IndiaFilings?

IndiaFilings provides post-registration services such as trademark renewal, assignment, licensing, and other related services.

How do I get started with IndiaFilings for trademark registration?

You can contact our experts and initiate the process by providing basic information about your desired trademark and industry. IndiaFilings experts will guide you throughout the registration process.

How to register brand name in India?

Here are the steps on how to register brand name in India: