Should I file the trademark in my own name? Startup founders usually register under their names while large businesses will do so, in the name of the company. Do you guarantee approval of my trademark? If it's unique, it's highly likely to be granted. What if my trademark is taken, but under a different class? If your brand/business is registered, but in a different class, it's still ok. Unless being a well-known brand ( like Starbucks or BMW), your application could still likely get approved. But, If in case, a trademark is registered by another brand after you begin to use it first, then you need to look into the matter seriously. Try to find out the origin of the business and send a cease-and-desist letter. These letters normally don't apply to intellectual property, as it is sent, only in cases of infringement. If the party doesn't comply with the letter, then you can take them to court. When can I use the TM Symbol? After the application is filed, you will get an acknowledgment, giving you the entitlement to use the TM Symbol. After it's registered, you can use the R Symbol. What trademark applications are commonly rejected? If an application contains details hurting religious sentiments, geographical names, or common words. It could also be rejected if confusion is created. Eg, for a car brand, one can't use the word 'car'.If an application contains details hurting religious sentiments, geographical names, or common words. It could also be rejected if confusion is created. Eg, for a car brand, one can't use the word 'car'. What is a trademark class? Under the Trademark Registry, the goods and services are classified under 45 classes. You must mention in the application, the trademark class/services represent. The trademark would be registered under those classes, mentioned in the application.