Trademark protects a business or brand and distinguishes it from others. It also gives the right to the mark and allows the holder to file a lawsuit against infringers. The TM Act allows for the registration of service marks and three-dimensional marks as well. In India, trademarks are protected both under statutory law and common law. Mark is defined to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or, combination of colors, or any combination thereof.

Once registered, a Trademark is valid for 10 years. After this, it will be renewed for a period of 5 years. For continuous usage, after the first 10 years, the applicant should keep on renewing it every five years

Any registered trademark which is not renewed will be in the expired category. However, the registrar will not allot such mark for a period of 1 year from the date of expiry. Hence you can apply for renewal for your mark. However, there will be a penalty that will be levied in that case. After 12 months of expiry of the mark, if the application for renewal is not made, such marks come under the abandoned category. Anyone is free to register such mark.

No. Only Name, Logo, Tagline, and combination of these can be Trademarked.

Any person claiming to be the owner of a trademark used or proposed to be used by that person can file an application for registration. The application may be made in the name of the individual, partner of a firm, a company, any government department, a trust, or even in name of joint applicants. Domestic and international applicants are treated at par.

Prior search for a trademark is not a prerequisite for filing an application, it is advisable to carry out a search and maintain the search results.

A registered trademark can be assigned or transmitted with or without the goodwill of the business concerned.

Yes, with a written agreement and if such user satisfies the prescribed conditions. Also, Owners of Indian registered trademarks, which are located abroad, having no presence in India, can use their trademarks in India by granting licenses to the Indian parties.

The registration of a trademark gives the registered owner the exclusive right to use the trademark and to obtain relief if infringed. Registration acts as a public notice to others, informing them that they should not use the trademarks which are registered or pending for registration

Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time