Trademark Registration in India
What is a trade mark?
A trade mark is a word signature, name, device, label, numerals or combination of colours 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 the legal requirements to register a trade mark?
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
How to select your trade mark?
- If it is a word it should be easy to speak, spell and remember.
- The best trade marks are invented words or coined words.
- Please avoid selection of a geographical name. No one can have monopoly right on it.
- Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
- It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Purpose for trademark?
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
Who can apply and how ?
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate Trademark Registry having jurisdiction.
Benefits of registering a trade mark?
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
For application of trademark – Rs. 3500
For searching your desired trademark and obtaining certificate – Rs. 500
1) Duly-filled TM application form in triplicate (we will prepare)
2) Additional representation in triplicate (we will prepare)
3) General Power of attorney/Authorisation Letter to apply for, represent any opposition proceedings of trademark on behalf of you (we will prepare)
4) Soft copy of logo as well as logo printed on a paper, if applicable
5) Your trademark, name, addresses of applicant, nature of business/trade