IPR > Trade Mark Registration in India

For Trademark Registration Company in Delhi, sometimes a consumer may presume that are particular product that he has bought, comes from a particular sources, however, upon using it, he may realize that the quality of the product is substandard, and he has been duped. This leads to maligning the reputation of the trader. The solution lies in the introduction of a symbol that guarantees the origin of the source of the product, this would benefit both the trader and the consumer. This symbol is known as a Trademark.

WHAT IS TRADEMARK?

"Trademark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs. A Trademark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colour, slogans, three-dimensional shapes and sometimes sounds and gestures. A trademark is therefore a "badge" of trade origin. It is used as a marketing tool so that customers can recognise the product of a particular trader. To be registrable in India it must also be capable of being represented graphically, that is, in words and/or pictures.

TRADEMARK REGISTRATION CAN BE DONE FOR THE FOLLOWING:

• Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.
• Any Slogan, Base or Punch Line, etc. which are used to highlight the products and services.

FUNCTIONS OF A TRADEMARK/BRAND NAME:

• It identifies the goods and services and its origin or owner
• It advertises the goods and services
• It creates an image for the goods and services
• It stimulates further purchase
• It serves as a badge of loyalty and affiliation
• It may enable a consumer to make a life style or fashion statement.

ADVANTAGES/BENEFITS OF TRADEMARK REGISTRATION

Trademarks benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers, and thereby grow or expand their business. They allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn't like.

• Confers upon the owner the exclusive right to use the brand.
• Protects hard earned goodwill in the business.
• Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your long built goodwill.
• Gives your products a status of ‘Branded Goods’.
• To obtain legal relief in respect of infringement (misuse by others) of the trade mark.
• Power to assign (transfer) the trade mark to others for consideration.

LEGAL BASIS

• The Trade Marks Act, 1999
• The Trade Marks Rules, 1959 The law is based mainly on the United Kingdom Trade Marks law and provides for the registration of trademarks which are being used, or which will be used, for certain goods to indicate a connection between them and some person who has the right to use the marks with or without any indication as to the identity of the person.

TERM/DURATION OF A TRADEMARK IN INDIA

The term of registration of trademark is 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999. An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.

CLASSIFICATION OF GOODS AND SERVICES

GOODS

1. Chemical used in industry, science, photography, agriculture, horticulture and forestry, unprocessed artificial resins, unprocessed plastics, manure, fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry.
2. Paints; varnishes; lacquers; preservatives against rust and against deterioration of wood; colorants mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery; essential oils; cosmetics; hair lotions; dentifrices
4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks
5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
8. Hand tools and implements (hand-operated); cutlery; side arms; razors
9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
12. Vehicles; apparatus for locomotion by land, air or water
13. Firearms; ammunition and projectiles; explosives; fire works
14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
15. Musical instruments
16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
17. Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool, unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
23. Yarns and threads, for textile use
24. Textiles and textile goods, not included in other classes; bed and table covers.
25. Clothing, footwear, headgear
26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
33. Alcoholic beverages (except beers)
34. Tobacco, smokers' articles, matches

SERVICES

1. Advertising, business management, business administration, office functions
2. Insurance, financial affairs; monetary affairs; real estate affairs
3. Building construction; repair; installation services
4. Telecommunications
5. Transport; packaging and storage of goods; travel arrangement
6. Treatment of materials
7. Education; providing of training; entertainment; sporting and cultural activities.
8. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
9. Services for providing food and drink; temporary accommodation.
10. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
11. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

USE OF THE ‘TM’, ‘SM’ AND ® SYMBOLS

TM’ Symbol: Generally, one who has filed an application (pending registration) can use the TM (Trademark) symbol with the mark to inform the public of his exclusive claim over the Brand. The claim may or may not be valid.

‘SM’ Symbol: An SM symbol indicates Service Mark, which is the same as a Trademark except that it identifies and distinguishes the source of a service rather than a product.

‘R’ Symbol: The registration symbol ® may only be used when the mark is registered and the Certificate of Registration is issued by the Trademark Registrar.

Out of all above symbols TM symbol is one of the most popular and widely used symbol to indicate the application or registration of Trademark.

PROCEDURE FOR TRADEMARK REGISTRATION

• TRADEMARK SEARCH: It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.
• FILING OF AN APPLICATION: for registration by a person claiming to be the proprietor of a trademark, in the office of the Trade mark Registry, within the territorial limits of the place of business in India.
• EXAMINATION OF THE APPLICATION: by the Registrar to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report is issued.
• PUBLICATION of the application after or before acceptance of the application in the Trademark Journal.
• OPPOSITION BY THIRD PARTY: After publication if any person gives notice of his/her opposition to the registration within three months which may be extended to the maximum of one month.
• HEARING BEFORE REGISTRAR: If the opposition has been decided in favour of the applicant of the registration of trademark, the Registrar shall register the Trademark.

REGISTRATION OF TRADEMARK: On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Certificate.

FLOW CHART FOR TRADEMARK REGISTRATION

SERVICE MARK REGISTRATION INDIA

The Trade Marks Act, 1999 has come into force from the 15th of September 2003. An important feature of the Act is the introduction of the registration of Service Marks in India. Previously, Service Mark registration in India was not allowed. Protection of service marks was available only under the common Law. From September 2003, it has now become possible to separately register and therefore statutorily protect Service Marks.

WHAT ARE SERVICE MARKS?

Service Marks are marks used in any form of service business where actual goods under that mark are not traded. For instance, a Hotel or a restaurant is a service: under the marks Taj, Oberoi, Sheraton, Meridian, Sher-e-Punjab, Khyber, Chinese Room, no goods are traded, but services are offered and purchased, these marks will now be statutorily protected under the Act. Similarly, marks for software services or business process outsourcing services, or health, insurance, repair services or airlines services or educational services can be protected by registration.

SERVICE MARKS:

Services, Registerable in India in eight classes

TRADE MARK REGISTRATION REQUIREMENTS

Requirements for making trade mark application

• Full Name and address of Applicant.
• Specification of goods or services specified in terms of individual name.
• Class, International Class of goods and services.
• Mark Character, device, figure, logo and/or color.

Documents

• Form TM-48 (Power of Attorney)
• Certified Copy of the application which is the basis of the convention priority (if applicable) may be field with in three (3) months from the Indian filling date.
• A clear print of the mark or 10 prints of color mark (not large than 7cm x 7cm)
• List of all Items/ Goods to which the Trade Mark/ Service Mark is applied or proposed to be applied for.
• Date since used, if the Trade Mark/ Service Mark is already being used in India.
• List of countries with date, where the Trade Mark/ Service Mark has already been applied for.

Fee Structure

• 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 to be deposited : Rs.2,500/-
• To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees to be deposited :Rs.2,500/-
• For Renewal of a Regd. trade mark (Form TM-12 ). Fees to be deposited : Rs.5,000/-
• Surcharge for belated renewal (Form -10). Fees to be deposited :Rs.3,000/-
• Restoration of removed mark (Form TM-13) Fees to be deposited :5,000/-
• Application for rectification of a registered trade mark (Form TM-26) Fees to be deposited :Rs.3,000/-
• Legal Certificate (Form TM-46)
• (Providing details of entries in the Register) Fees to be deposited :Rs.500/-
• Official search request (Form TM-54). Fees to be deposited :Rs.500/-
• Preliminary advise of the Registrar as to the registrability of a mark(Form TM-55). Fees to be deposited : Rs.500/-.
• Copyright search request and issuance of certificate (Form TM-60) Fees to be deposited : Rs,5,000/-.

What Manoj Jagram & Associates Offers

We offer Trade Marks & Service Marks registration services which are highly renowned as a one-window-solution provider for Trade Marks & Service Marks registration services in Delhi and areas adjacent to Delhi. Our Trade Marks & Service Marks registration services provide fast and effective evidence to protect the rights of authors. Following are the services provided by us in the field of trade marks & service marks:

THE FOLLOWING ARE THE SERVICES PROVIDED BY US IN THE FIELD OF TRADE MARKS & SERVICE MARKS:

• Filing and prosecuting trademark and service mark applications.
• Trademark registrations internationally with the cooperation of our foreign associates.
• Trademark searches and brand selection advice.
• Infringement and validity opinion.
• Litigation : opposition, rectification, appeals, criminal and civil suits for infringement and passing off.
• Assignment, Licensing and franchising.
• Anti counterfeit action