A mark as per Section 2(m) of the Indian Trademarks law, includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
A trademark as per Section 2(zb) means “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from other's.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in TM-A Form for trademark registration. The Form TM-A should contain the trademark, the goods/services, name, email address, phone no. and address of applicant and trademark agent (if any) with power of attorney in the form of TM-M, the period of use of the mark. if the proprietor is using the mark before the date of trademark application, then he can priority claim, The application should be in English or Hindi. If the Mark is other than English or Hindi then the transliteration of the mark will be required in English or Hindi. It should be filed at the appropriate Jurisdiction office. The trademark applicant has option to file trademark application offline or can be filed online through the e-filing gateway available at the official website.
1. Pan Card
2. Aadhar card/Voter Id Card.
3. Email id & Mobile No.
4. GST Registration No. or Certificate if available
1. Pan Card of Company
2. Pan card of All director’s/ Designated Partner’s/ Partner’s
3. Aadhar card/Voter Id Card All director’s/ Designated Partner’s/ Partner’s
4. Email id & Mobile No
5. GST Registration No. or Certificate if available
6. Certificate of incorporation
A trademark must be chosen carefully. If you are launching a product and adopting a new trademark, please bear in mind that the scope of legal protection you would obtain depends on the type of trademark chosen. The most common mistake is to choose a word that is descriptive of the goods or services. People do this in the belief that the consumer will know straight away what the product is or the service rendered. The same result can easily be obtained by combining a distinctive and fanciful trademark with a word which indicates the goods or services. E.g. Kodak film Descriptive trademarks are difficult to register and enforce. Although it may be easier to market such products at inception, such trademarks are offered the least amount of protection and therefore, in the long term, it would be difficult to stop your competitors from using the same or similar trademarks. A better strategy would be to adopt a coined word, which has no reference to the goods/services upon which it is used. E.g. Canon Another option is to adopt an arbitrary word, which has no relevance to the goods/services upon which it is used. E.g. Apple computers; Lotus software. The more distinctive a trademark is, the broader will be the available scope of protection.
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Very briefly, an application for registration of trademarks is received at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the Principal place of the business of the applicant is situated. The digitization and formality checking of the application is done at the respective offices. The Application is then examined mainly as to whether the relevant mark is capable of distinguishing applicant’s good or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records. The Examination of all applications is done centrally in the Head Office of the TRADE MARKS Registry at Mumbai. The Registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on official website. Within four months from the date of publication any person can file an opposition in such cases the opposition proceeding is conducted at respective office of the Trade Marks Registry. Under opposition proceeding, a copy of the notice of opposition is served to the applicant who is required to file a counter-statement within two months failing which the application is treated as abandoned. The copy of the a counter-statement is served to the opponent, who leads evidence in support of his case by way of affidavit, then the applicant leads evidence. After that the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer. The registrar’s decision is appeal able to the Intellectual Property Appellate Board.
Application for Renewal of registration of a trademark may be filed within one year before the expiration of the registration of the trademark under FORM TM-R with the prescribed fee. Earlier, the Application for renewal could be filed only six months prior to the expiration of the trademark.
Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks. Complete Assignment to another entity Assignment to another entity but with respect to only some of the goods/ services Assignment with goodwill Assignment without goodwill
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
Before adopting a trademark, a trademark search is highly recommended , as this will give an indication of any existing trademarks which have been applied for or registered in the Trademarks Registry.
Yes, Registered Trademark can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can submit issue Notice for removal of a registered trade mark
No, trademark registered in India will be valid only in India. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.