TRADEMARK REGISTRATION IN INDIA

What is a Trademark?

A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person form those of others and may include shape of goods, their packaging and colours. [Sec. 2 (zb), The Trademarks Act, 1999]

Mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numerals, shape of goods, packaging or combination of colour thereof. [Sec. 2 (m), The Trademarks Act, 1999]

Application for Registration: The application for registration of trademark for various purposes shall be made in various forms prescribed in the Trademarks Rules, 2002.

For example:-

TM-1: Application to register a trade mark for a specification of goods or services included in one class.

TM-2: Application for registration of a trade mark from convention country (other than a collective mark or a certification trade mark)

TM-3: Application for registration of a collective mark

TM-4: Application for registration of a certification trade mark.

Who may apply: Registration of a mark under the Trademark is optional. Any person claiming to be the owner /proprietor of a Trademark may apply for registration.

Requirements for making an application:

(i) C.D. or e-mail of the Logo
(ii) List of goods or services in respect of which the registration is sought
(iii) The name & constitution (of Company, Partnership etc.).
(iv) Full name, description with address of the applicant.
(v) Date of first usage of marks
(vi) The details of person who sign the application such as- name in full, father’s name, age, occupation and address.

(Note: Information required will be provided based on each type of assignment separately.)

Where to file application: Trademark registries have been established for the purpose of Trademark registration. Appropriate office is determined on the basis of principal place of business of the applicant.

Essentials of good Trademark:
(i) It must be DISTINCTIVE.
(ii) It must not be DECEPTIVE.

Time Limit:

The time limit for acceptance of Trademark Application and publication in Journal is approximately 6 to 9 months from the date of making application.

For obtaining the registration certificate, an average time of 3 years from the date of application is required, unless the matter is held up in contested proceedings.

The number of objections raised by the officials, the oppositions raised by the existing users, the time required for arbitration proceedings for concluding the rights and liabilities of applicant and other existing users may also affect the above mentioned duration.

Duration:
The period of registration of the Trademark is ten years after which it may be renewed from time to time.

Advantages of Trade Mark Registration:

(i) A registered trade mark makes it easy to get easy name availability under Section 21 of the Companies Act, 1956 for group Companies.

(ii) A registered trade Mark helps in creating and protecting a brand image in the market.

(iii) Trademarks are categorized as Intellectual property and are valued at a high price, thus creating a higher valuation of the Company.

(iv) Trademarks give a right to initiate criminal and/or civil proceedings in case of its infringement.

(v) Any name or trademark similar to the registered trademark will be rejected by the Registrar of Companies.

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