Trade mark Registration.
The Trade Marks Registry was established in India in, 1940 and presently, it administers the Trade Marks Act, 1999 and the rules framed thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trademarks which qualify for registration under the Act and Rules.
In terms of providing the protection to the products or services, trademark registration is that the weakest property rights amongst patents, copyright protection. Trademark doesn’t protect the products always; it protects the just marketing concepts. Therefore, a trademark should go along side another property rights being the weakest protection.
There are many disadvantages of choosing a descriptive trademark. Generic and descriptive trademarks aren’t qualifying for registration with the registrar. Usually, descriptive trademarks are considered as weak marks because they are doing not acquire distinctiveness.
If you registered a descriptive trademark, you want to have a allow marketing and advertisement also so as to create an association in customer’s mind with the trademark to accumulate the distinctiveness.
In case of procuring the services of an agent for the trademark registration process, enlist the agent as power of attorney. Submit a document stating the said individual as power of attorney.
As per the intellectual property laws in India, there is no mandate that you must register a trademark. Even if the applicant decides against registering a trademark, the right to file a legal case against an individual or company attempting to use your brand name without permission is allowed for applicants. But since the process of Trademark registration is quite simple as compared to other intellectual properties that need registration like patents, utility designs and geographical indications, it is best to get the trademark registered by submitting the required documents for trademark registration.
The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;
A list of goods and/or services for which registration is required;
Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
Soft copy of the trademark to be registered;
If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application.
The essential function of a trademark is to exclusively identify the source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular entity as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark.
Trademarks are used not only by businesses but also by noncommercial organizations and religions to protect their identify and goodwill associated with their name.
Trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections.
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 cover services). The idea behind this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.
One Time Fee
Service Provide Within 7 Days
One Time Fee
Service Provide Within 15 Days
Services Provided Before the Due Date
trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of a trader
A good trademark should possess the following qualities-
Laudatory word/words such as best, perfect etc, to be avoided.
the benefit of a registered trademark
Following marks can be registered under the Indian trademark law:-
Yes, as per the Indian trademark Law 3-D marks or Three Dimensional marks can be registered in India
Yes, foreign proprietors can apply for registration of trademark in India. The Indian trademark Law is TRIPS obedient and provides for protection of well-known trademarks and recognizes trans-border reputation.
A mark shall not be registered as a trademark if-
Its use is prohibited under the Emblems and Names Act, 1950.