Trademark Registration



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.

F.A.Q

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.
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. Following are the examples:
     • 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.
• 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.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

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 registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), 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 marks due to special circumstances, such exclusive right does not operate against each other.
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?
Trademark symbol 'TM' is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process. Once the application has been done and application number has been allotted, we can start using ‘TM’ symbol.

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.
No, a trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark.
Registration of Trademark is voluntary, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trade mark provides you with the legal protection in the event of any infringement arises and aids as protection to your business.
No, the whole trademark registration process is online so one need not be physically present.