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What is a trademark? What is a service mark?

A trademark or service mark is a word, phrase, logo or combination thereof which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.

What is the cost of a trademark search or trademark application?

Please write to us for current pricing or call +91-9841078077 to speak to us.

What type of trademark filings are there?

The primary concern for most people is whether they are filing their mark as proposed to use or an use based mark. Intent to use marks are marks which you wish to preserve as your own, but which you have not begun using in business. Use based marks are marks which you have already begun using in business from a certain date. There are other types of trademark filings, which include: certification marks, collective trademarks.

When may I use the r in a circle mark?

You may only use the r in a circle mark if you have a registered trademark. Using the registered trademark symbol, when you are not entitled to, is a violation of the provisions of The Trade Marks Act, 1999 and is punishable with imprisonment for a term of  upto 3 years or with a fine or both.

When may I use the TM mark?

You may use the TM mark next to any trademark or service mark after you have filed a trademark application.

Do I need to do a trademark search before filing an application?

A India trademark search should be conducted to rule out the possibility that someone has already filed a trademark application for your trademark. A trademark search is less expensive than filing the application and it will tell you if you have a chance of having the application approved.

What is the difference between a trademark and a service mark?

A trademark protects a mark that is associated with the sale of goods. A service mark protects a mark associated with the offering of services.

When may I use my trademark or service mark?

As soon as the search comes back positive you may begin using your trademark in business. Do not use the mark before the search as you might be infringing on someone else's rights.

When do I file the trademark application?
Once you have completed a good search for your mark, you should file for a registration. Registration will give you priority rights in your mark as of the day of registration, put all others on 'notice' that this is your mark, give you statutory damages against those who infringe on your mark, and allow you to secure your rights to that mark against all competitors.
Once you have obtained a trademark registration you no longer have to put just " TM " or " SM " next to your mark. Instead you may now use the encircled R . You must maintain your mark, protect it from all infringers, pay the maintenance fees every ten years, and use it business continuously.

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