Can I trademark a name already in use but not trademarked in India
February 28, 2022 By SUKANYA Off

Can I trademark a name already in use but not trademarked in India?

A trademark is a sort of licensed innovation comprising of an unmistakable sign, or articulation which distinguishes items or services of a specific source from those of others. The fundamental capacity of a tm is to only help with distinguishing the source or beginning of items or services, it demonstrates the source or fills in as an identification of beginning. Certain elite freedoms are appended to an enlisted trademark.

tm encroachment in India is characterized under Section 29 of the Trademarks Act, 1999. Basically, when an unapproved individual uses a TM that is indistinguishable or beguilingly like an enlisted trademark, it is known as trademark encroachment.

Trademark Registration online is an extended interaction and it takes around 18 two years to get registration in a straight-forward case, with next to no complaints or resistances. Be that as it may, the TM application number is generally given inside one or 2 days subsequent to documenting


Trademark in India specifies different types of TM.

Service Trademarks: Trademarks connected with business services, which help in safeguarding organizations that work in the assistance area. Generally utilized by proprietors of lodgings, medical care shops, carriers, messengers and retailers to safeguard their image name. Such TM classes don’t matter to merchandise and items.

Collective Trademark: Trademarks are gotten by a gathering called a collective. This sort of TM permits a few organizations to get security all in all and to make the public mindful of different elements of their item.

Certificate Trademark: These TM registered by TM in India help in characterizing the norm of a specific thing or item. It guarantees customers that a specific item has gone through the necessary testing and ensures quality. Generally utilized by hardware organizations to discover the nature of their items.

Unconditional TM: TM that are particular from others and get the acknowledgment because of such an unmistakable element.


TM in India follows the TM Law in India is administered by the Trade Marks Act, 1999. The Act accommodates enlistment of any imprint which is fit for being addressed graphically as a word, gadget, name, numerals, or mix of tones and fit for recognising the labor and products of one individual from another. All in all, a TM is a source identifier. An Indian TM application goes through the accompanying stages, till enlistment

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