TRADEMARK A trademark is a logo image symbol

TRADEMARK A trademark is a logo, image, symbol, word(s), letter(s) or color(s) that is used and legally registered as a representation of a company. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. It is used to distinguish the owners’ products or services from those of its competitors.

TRADEMARK A trademark must be distinct, identifiable and original. Often a trademark will convey the brand essence of a product. For service industries, trademarks are often called servicemarks. Trademarks are often noted by way of ™, or ® if registered.

SCOPE OF ACT (1) This Act may be called the Trade Marks Act, 1999. (2) It extend to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette.

TYPES OF TRADEMARK a. A name (including personal or surname of the applicant or predecessor in business or the signature of the person) b. A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service c. alphanumeric or Letters or numerals or any combination thereof. d. Image, symbol, monograms, 3 dimensional shapes, letters etc. e. Sound marks in audio format.

FUNCTIONS OF TRADEMARK It identifies the service or product and its source It guarantees its quality helps in Advertisement of service or product.

DOCUMENTS REQUIRED FOR FILING A TRADE MARK APPLICATION Trademark or logo copy Applicant details like name, address and nationality and for company: the state of incorporation Goods or services to register Date of first use of the trademark in India, if used by you prior to applying. Power of attorney to be signed by the applicant.

PROCEDURE FOR REGISTRATION OF TRADEMARKS (1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark. (2) A single application may be made for registration of a trade mark for different classes of gods and services and fee payable therefor shall be in respect of each such class of goods or services.

PROCEDURE FOR REGISTRATION OF TRADEMARKS (3) Every application under sub-section (1) shall be filed in the office of the Trade Mark Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate: (4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.

PROCEDURE FOR REGISTRATION OF TRADEMARKS (5) In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds. (6) The Applicant in the application has to state the following details: The Trade Mark to be Registered (Along with Class) Type of Mark (Word, Logo, name, Symbol, Design or any combination thereof) Details of Proprietor (Name Address Etc. )

PROCEDURE FOR REGISTRATION OF TRADEMARKS User Details (As to the Date of the Usage of the Mark) Description of Goods and Services. Any Special Color Scheme Any Associated Mark Details with regard to Convention Marks. (7) After filing the application claim on the usage of the mark starts and protected from any infringement from any other applicants who may apply at a later dates.

PROCEDURE FOR REGISTRATION OF TRADEMARKS The Examiners in the Registry will examine Trade Mark for the distinctiveness and other aspects. The Registry may refuse the registration on Absolute Grounds as stated in Section 9 of the Act or on the Relative Grounds as stated in Section 11 of the Act. (8) e-filing of trademark applications, the fee for online filing has been kept at 10% lower at Rs 9, 000. For individuals, start-ups and small enterprises, the fee has Rs. 4, 500.

PROCEDURE FOR REGISTRATION OF TRADEMARKS (9) e-mail has been made essential for services to be provided by the applicant or any party to the proceedings and so that the office communication from the applicant to the registry and vice versa may be sent through email. While the number of adjournments in opposition proceedings has been restricted to a maximum of two by each party to dispose of matters in time, hearing through video conferencing has also been introduced.