The Trade Marks Act, 1999 protects brand names, logos, slogans, and other marks that help people recognise products or services. If someone has a unique business name or logo, they can register it as a trademark to stop others from copying or misusing it. This law helps businesses build their identity and ensures that consumers are not misled by fake or similar-looking brands. A registered trademark owner has the legal right to sue anyone who uses their mark without permission.
Key Highlights:
- A trademark can include names, logos, slogans, colours, shapes, or even sounds.
- It must be unique and not already in use by someone else.
- Once registered, the trademark is valid for 10 years and can be renewed.
- Legal action can be taken against anyone copying or using it without consent.
- Helps customers identify the original source of goods or services.
Trade Marks Act, 1999 – FAQs
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1. I run a small business. Should I register my brand name?
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Yes, registering your brand name helps you stop others from copying it.
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2. What is a trademark?
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It’s a name, logo, symbol, or phrase that shows your product or service is yours.
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3. How does trademark registration help me?
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It gives you legal rights to protect your brand name or logo.
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4. Can I register a logo along with the name?
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Yes, you can register both the name and logo together or separately.
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5. What is the difference between ™ and ®?
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™ means your brand is being claimed as a trademark. ® means it is officially registered.
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6. How long is a trademark valid?
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For 10 years. You can renew it again and again for 10 years each time.
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7. Is registration compulsory?
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No, but without registration, it’s harder to stop others from using your brand.
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8. Can two businesses have the same name?
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Not if one has it registered. A registered trademark holder can take legal action.
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9. Can I register a slogan?
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Yes, if it is unique and connected to your product or brand.
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10. Can I register a trademark for free?
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No, there is a government fee. You may also pay extra if you hire a lawyer.
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11. What if someone else registers my business name?
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You can object if you’ve been using the name first and have proof.
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12. Can I register my name or initials?
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Yes, if they are used as a brand and not too generic.
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13. Do I need to register in each state of India?
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No, registration under this Act protects your trademark across all of India.
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14. Can I stop someone on Instagram or Facebook from using my name?
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Yes, if you have a registered trademark, you can report and take legal action.
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15. What is a trademark class?
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Products and services are grouped into classes. You must apply under the right one.
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16. What documents are needed for registration?
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Basic ID proof, address proof, logo or word mark, and details of your business.
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17. How do I check if a name is already registered?
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Use the search tool on the IP India website to check existing trademarks.
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18. What if someone copies my name but changes the spelling slightly?
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If it's too similar and may confuse customers, you can take legal action.
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19. Is online trademark registration safe?
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Yes, the government website is official and secure.
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20. Can I sell or transfer my trademark to someone else?
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Yes, trademarks can be assigned or licensed to others legally.
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