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Frequently Asked Questions


What to do if my trademark is already filed?

If the mark is already filed by another company or has a registered trademark, then the other party have the priority of the mark provided the trademark is for the common business product.

What is the NICE Classification?

NICE classification is an international classification of goods and services for the purpose of trademark registration. There are 34 classes of goods and 11 classes of services.

How to choose the correct class for my trademark

For filing the trademark in India, you should know the appropriate class of trademark in which the goods and services covered. There is a total of 45 classes of the trademark to choose for your trademark. First 34 classes (1-34) cover goods and rest 11 classes (35-45) cover services.

Why is preliminary trademark advisable?

Preliminary trademark search eliminates the future possibilities of:

  • Objections raised by the trademark examiner
  • Suit for infringement
  • Opposition proceedings

How do I select a suitable type of trademark search I need before registration?

Broadly, three types of trademark search one can perform before filing online trademark registration. Out of which informal and preliminary trademark search can be performed on your own. But comprehensive trademark search can be done by only experienced trademark attorneys. A comprehensive trademark search is always a better choice among all searches because it gives you more information and protection against risks of rejection of trademark application.

If you are already hiring the experienced trademark attorney for filing the trademark application then the trademark search will often be performed by the attorneys as a part of the trademark registration process.

How to select a trademark?

Selecting a good trademark is a crucial step to protect your intellectual property. In India different kind of trademarks are there, like word, sign, color, symbol, shape etc. but it has to be unique. Most people make mistakes while choosing the trademark or brand name. To minimize such mistakes, you need to follow the guidelines which are:

  • Mark should be capable of being distinguishing the goods and services
  • If your trademark is a word, it should be easy to remember and pronounce
  • It should not be descriptive
  • Generic words cannot be used as a trademark

How are the trademark symbols used in India?

In India trademark is designated by the two symbols, i.e. 'R' and 'TM'. Trademark symbol 'TM' is a provisional symbol, used for unregistered Trademarks and symbol 'R' signifies the registered trademark which can be used by the registered proprietor of the mark.