Trademarks :::

 

In India, law relating to Trademarks is governed by The Trademarks Act, 1999 and The Trademarks Rules, 2002.Now, after the last amendment, the law provides for the registration of Services also.


A trade mark (popularly 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.

 


Procedure for the Registration of Trademarks :-(See the Flow chart at the end of the page) 


 1.  Search for the Name, Device, logo, Label intended to be applied as Trademark.


 2.  Apply for the registration of Trademark.


 3.  Examination of application by the department and issue of the examination


    report raising objections  or accepting the mark to be advertised.


 4.  Replying to the official objections and ask for hearing if required.


 5.  In hearing put up all evidence in support of trademark application.

       

 6. Getting the order for trademark to be advertised, the advertisement is done in the Official gazette called  Trademark Journal and is available to  any member of the  public to oppose the   application with in 4 months of the date of the publication.



If no opposition is received or opposition is decided in favour of the applicant, a certificate of Registration is issued which is valid for ten years and after that renewable for every ten years on the payment of renewal fees.

 


Documents needed for the Registration of the Trademarks:-


 1. Trademarks to be applied.


 2.  Name of the Applicant


 3.  Address of the Applicant


  4. Goods/Services of the Applicant


  5. Date since when the mark has been used or Is it proposed to be used.


  6. Power of Attorney in the firms favour to act as Agents.


 

Legal requirements for registration of trademark  :


 1.It should be capable of distinguishing the goods or services of one undertaking from those of others.


 2.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.



  What is the function of a Trademark?

  1  It identifies the goods/or services and its origin.

  2. It guarantees its unchanged quality.



 Who can apply for a Trademark 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 office.



 How to apply for a Trademark in respect of particular goods or services?


It is provided under the Trade Marks Act,1999 that goods and services are classified according to the International Classification of goods and services. After the new rules 2017 has come in to force the new edition of Nice Classification has been adop India. The Registrar is the final authority in the determination of the class in which particular goods or services fall. For detailed description of  other goods and services please refer to the International Classification published by WIPO or contact us for assistance.



 What purpose the trade mark system serves ?

  1. It identifies the actual physical origin of goods and services. 
  2. It guarantees the identity of the origin of goods and services.
  3. It serves as a badge of loyalty and affiliation.

 

  What are the benefits of registering a Trademark?


  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.



 Can any correction be made in the  application or register?


 Yes.  But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

 

 See the Flow Chart for the procedure involved in the Registration of a Trademarks in India:-

Image description
gpa-powerofattorneyforiprmatters.pdf
Enter file download description here