What is a Trademark?
A trademark is a special symbol for distinguishing the goods offered for sale or otherwise put on the market by one trader from those of another.
The selected mark should be capable of being represented graphically (that is in the paper form).
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.
The registration procedure in India is based on the ‘first to file’ system.
It is therefore important that the rights holder applies for the registration of its mark as soon as possible.
The registration of a trade mark in India typically takes about 2 to 3 years, subject to the trade mark not being opposed by a third party. The Office of the Controller General of Patents, Designs and Trade Marks is the appropriate office for filing of a trade mark application in India.
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.
• In case of an individual, the application can be filed in his own name.
• In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
• In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
• In case of a partnership, the name of all the partners is required to mention in the trademark application.
• In case of LLP, the trademark application must be made in the LLP name.
• In case of a company, the application must be made in the name of the company only.
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.
• 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
• 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.
The Government earns revenue as a fee for registration and protection of registration of trademarks.
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same.
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
The trademark symbol 'R' signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 15 to 18 months from the date of filing of Trademark Application.