• When to register a trademark

Dear all,

I am in the process of setting up a company and creation of a website. The website name and certain terms being used would be new and unique. Sample / Similar to:
1. Quickrs' "quickr pe bech de"
2. "SECTOR Name" + portal
3. A new media property being created in the portal with a specific name.

Can the above be trademarked now, while I am in the process of creating the website, etc. ? If not, then when is the most appropriate time? 

Thanks,
Bharat
Asked 6 months ago in Intellectual Property

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20 Answers

you can register a trademark when you start to use it or also before use. there is no time. But once you file the trademark application without use, then after some months you have to prove that you have started to use it. 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Yes, you can register it before you create the website.

Regards

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

Initially only you can book the patent and trade mark, before launching your own website. It will be approx 25K for trademark and govt license fees.

Trademark is symbol of your product or service brand that you're going to use for advertisement in the public. For e:g. for TATA   T is trademark in circle, like that for Reliance R is symbol in the circle.   

Ganesh Kadam
Advocate, Pune
11854 Answers
116 Consultations

4.9 on 5.0

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. 

2)

Documents required for filing a Trade Mark Application in India:

 

 

  • Trademark or logo copyApplicant details like name, address and nationality and for company: the state of incorporation
  • Goods or services to register
  • Date of first use of the trademark in India, if used by you prior to applying.
  • Power of attorney to be signed by the applicant

 

3)Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class.

 

 

4) Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours.

 

5) 

  • The Trade marks office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
  • If it has no objection, it makes an advertisement in the Trade Marks Journal.
  • If there is no opposition from other businesses in the next four months, your trademark is registered around six months later. 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Intellectual property covers trade marks , patents , copyrights 

 

 

2) A trademark protects items that help define a company brand, such as its logo.

 

3) Patents grant the inventor an exclusive right, or monopoly, for a limited time on the claimed subject matter disclosed in the issued patent.

 

4) Copyright is geared toward literary and artistic works, such as books and videos.

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

You can register it anytime. You need to first apply and pay the fees. It takes some time to get it registered after objections if any

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

There are several types of Intellectual property such as Patent, Copyright, Geographical Indication. Trademark is one of such type.

The process of filing trademark is completely online and official trademark registry cost of filing one application is for an Individual / Startup/Small Enterprise is Rs.4500 & in all other cases fees is Rs. 9000.

Physical filing charges Rs 5000 & Rs 10000 respectively.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

- A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol.

- It is better to apply and get the trade mark registered at the time of setting up a company, as it is used to distinguish the owners’ products or services from those of its competitors.

- As per law, after registration a trademark is valid for 10 years from the date of filing, and further it can be renewed.

- The following documents are need :-

1.Trademark or logo copy

2. Applicant details like name, address and nationality and for company: the state of incorporation

3. Goods or services to register

4. Power of attorney to be signed by the applicant

- In case of Individual/ Startup/ Small Enterprise , the government fees is Rs. 4,500/-  , and in other cases it would be 9,000/- , and further professional fee depend upon the lawyer . 

 A brand is a kind of intellectual property right known as trademark. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

1. You can register your trademark now and may start work with the same name. Best time.for registration of trademark is before starting the business.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

1. See you have to file the trademark form along with other formalities with trademark registery. You can engage an advocate to file and search same for you . After filing it will be published in gazettee inviting objections in case their is no objection it shall be registered. 

Trademark is part of intellectual property right.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Cost of TM registration varies and depends on the mode you choose to get the TM registered. 

If you choose some agent to get it done than it would cost a bit higher.

If you do it yourself than it wpuld cost minimal. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The most appropriate time would be now.

Rahul Mishra
Advocate, Lucknow
11797 Answers
25 Consultations

5.0 on 5.0

Trade mark is a sub category of Intellectual property. Website code is not an IP.

Fee varies.

Rahul Mishra
Advocate, Lucknow
11797 Answers
25 Consultations

5.0 on 5.0

Hi

1) Domain name of Website comes under ICANN[Internet Corporation for Assigned Names and Numbers] and you can reserve your domain name using websites such as GODADDY , Bigrock etc and these are protected under national Trademark Law and diverse International Trademark Treaties of the world without payment of any additional fees.

2) In addition to the domain name of website, you can also get Trade mark registration for your website under class 42 wherein the name and logo of your website are trade mark protected.

3) Trade mark, Intellectual property , Copy right etc are vastly different from each other in terms of application, process, etc

In general 

a) A business name and logo may be protected by Trade mark

b) the content of software (User Interface etc) are copyright protected.

c) The source code, algorithm are IP protected. 

 

4) Software codes are generally protected under IP and even website codes are covered under IP, subject to completion of IP procedure - You can apply for provisional patent as the coding work is in progress.

 

5) Domain name- you should book as early as possible.

6) For trade mark of business name- you can opt for trade mark registration once you have a name in mind

7) You can apply for provisional patent as the coding work is in progress

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2092 Answers
394 Consultations

5.0 on 5.0

Trade mark filing cost from 10k to 12k. Whether trade mark registered or not will ascertain by trade mark search by the agency or/and advocate.

IPR is major field which includes TM, patents, design registration etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

The fee payable for the filing of form TM-1 is around rupees 3,500 . 

The legal nature of a trademark is different from that of a copyright. An inventor of creative works automatically owns the copyright to their invention. However, one only owns a trademark when he registers it.

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

Trademark itself is a intellectual property and there is no difference between the two.

Yes , website code can be copyrighted.

The cost can be determined after going through the detail about the business and the charges of the lawyer varies from one to another.

Regards

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

Yes the name should be trade marked before its circulation in the market. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

You can create your trademark and can get it registered.

A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics. Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of IndiaTrademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

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