What is Trade Mark?
A trademark is any word (PEPSI), name (TATA), symbol or device (Microsoft), slogan (Yeh Pyaas Hai Badi & Thanda Matlab Coca Cola), package design (Coca-Cola bottle), or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade.
Even a sound color combination, smell, or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.
The benefit of Trademark Registration
Constructive notice of ownership of the Trademark
™ and ® is Prestige of your Brand and your Company
Its ownership and get exclusive rights over your trademark.
You can sell your Trademark ™ and ® and/or give license to other companies to use your Trademark and get Royalty for the same.
The exclusive right to use the registered mark in commerce in connection with the goods or services specified in the registration
Establish the Goodwill and incontestability of rights in the registered mark
No one can make a copy of your trademark; if someone copy then you can take legal action against them and ask for damages.
Sue for counterfeiting of the registered mark and to obtain both civil and criminal penalties against counterfeiters
Similar advantages can be obtained from registering a trademark in most other countries of the world. In some countries, registration is a requirement for any enforcement activities. Since the advantages necessarily vary from country to country.
Document for Trademark Application
- Two Passport size Photo
- Pan Card Copy
- Address proof
- Firm/Company/etc. Registration Copy ( In Case of Products/Services)
- Color Logo/Name on your Letter Head
Duration of the process of Registration
Time taken for application for registration is 7 working days from the time you appoint us for the work. The Time taken for a certificate of registration of a trademark is about 18 to 20 months.
Steps of Process of Trade Mark
The following steps are involved for trademark registration
Search has to be made.
In case the search result is positive, we make an application for trademark in form TM – 1.
Once the application is made, the acknowledged copy of Additional Representation is received from the Trade Mark department.
The next step is getting an examination report and formality check report from the department wherein any objection or clarification is sought by the department
A reply has to be made for the same within 1 month and 15 days respectively.
If the TM department is satisfied, the mark is advertised before acceptance in the trademark department.
In case they still are unsatisfied with the reply, they call for a hearing upon which it is decided whether the case is fit for advertisement or not.
Once the mark is advertised in the trademark journal, there is 4-month’s time for others to object to the mark.
If no objection is received in 4 months’ time, the Registrar issues the certificate of registration.
FAQ of Trademark
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. 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.
Under modern business condition a trademark performs four functions:-
- 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.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
- For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
- Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
- Restoration of removed mark (Form TM-13) Fees: 5,000/-
- Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
- Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
- Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.
- The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
- International multilateral convention.
- National bilateral treaty.
- Regional treaty.
- Decision of the courts.
- Office practice reduced in Manuals and guidelines and rulings of the Courts
- Decision of Intellectual Property Appellate Board.
- Text books written by academician and professional experts.
The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
It 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 suo moto issue Notice for removal of a registered trademark?