Trademark registration will help in providing a registered identity to a brand. Such an identity defines the unique individuality and distinctiveness of a brand. A Trademark Registration in India helps in brand recognition, goodwill building, and customer retention for any business.
A trademark is any mark, logo, name, symbol, letter, figure, word, used by any individual or the company in order to uniquely identify its goods or services from those manufactured or sold by others. Hence, the customers must be capable of distinguishing one’s goods or services from others. Trademark registration is governed by the provisions under Trade Marks Act, 1999. Trademark registration is important as it is legally authorised by the government in order to provide the exclusive rights to the owner for branding, selling, manufacturing and using of the products and services.
Consultation from experts
Trademark Application filing
Name Search and approval
Trademark class research
Filling of application before Registrar
Track Application Status
Acknowledge and future renewal assistance for you (on additional fee)
Trade Mark Objection and Trade Mark Opposition (extra fee)
Who Should Buy
Person or company establish and protect the goodwill of his services or goods
Person who don't want other traders to use his trademark
How It's Done
Next step activities
Application for registration made to the registrar
File in the Trade Marks Registry within the Territorial Limits
On being accepted, the advertisement of the application is made by the Registrar
Other Parties can raise opposition within 3 months of the advertisement
Registrar May permit for the corrections and amendments, if any
The applicant receives a certificate of registration with the seal of the trademark registry
The Registration is Granted
Documents To Be Submitted
Details like Name, Nationality & Address of the applicant.
A detailed description of goods or services represented by the Trade mark.
Trademark application requires a trademark Class (out of total 45 trademark classes) to be mentioned, but one can also file multi-class (Class 99) Trademark application.
The power of attorney in Form TM-48 Format (Form of Authorization of an agent) should be signed by the applicant.
What is Trademark?
A trademark is known as brand name is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
What are Different Trademark Symbols ?
(1) TM: You can add TM with your logo when the Application is pending for approval. TM mark is only for Products. (2) SM: You can add SM with your logo when the Application is pending for approval. SM mark is only for Services. (3) R : You can add R with your logo when your TM application has been approved by the Registrar of the Trademark Registry.
How to select the good trademark?
The best trademarks are invented words or unique geometrical designs or coined words. Do not select any of a geographical name, surname or common personal name. Also, avoid adopting laudatory words which describe the quality of goods such as best, perfect, etc It is necessary to conduct a market survey to ascertain if a same or similar mark is used in market or not.
What are the functions of a trademark?
Under modern business condition, a trademark performs following functions
• It identifies the services or goods and its origin
• It gives guarantees for the unchanged quality
• It helps in advertising the services/goods
• It also creates an image for the services and goods
What are different kinds of trademarks that can be registered in India?
• Any name includes personal or surname of the applicant or the signature of the person or predecessor in business which is not unusual for trade.
• Any arbitrary dictionary word or an invented word, not being directly descriptive of the quality of the services or goods
• Letters or numerals or any combination in relation to it.
• The right to hold a trademark may be obtained either by registration under the Act or by use in relation to goods or service.
• Devices including symbols etc
• Combination of colours or a single colour in combination with a device or word
• Shape of goods or their packaging
• Sound mark when represented in conventional notation or described in words by graphics.
• Marks constituting a 3- dimensional sign
What are the benefits after registering a trademark?
The registration of the trademark confers upon an owner who has the exclusive right to the use the trademark in relation to the goods or services. The registered mark is indicated by using the symbol (R), and seeks the relief of infringement in appropriate courts. The exclusive right is subject to any conditions entered on the register such as limitation of area of use etc. However, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
What is the source of trademark laws?
The statue i.e., the Trade Marks Act, 1999 is a source of Trademark laws and rulings of the Courts. Also the guidelines prescribed by the Intellectual Property Appellate Board
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