Trademark Registration

A trademark is known as brand name is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

The best trademarks are invented words or unique geometrical designs or coined words. Do not select any of a geographical name, surname or common personal name. Also, avoid adopting laudatory words which describe the quality of goods such as best, perfect, etc It is necessary to conduct a market survey to ascertain if a same or similar mark is used in market or not.

Under modern business condition, a trademark performs following functions

• It identifies the services or goods and its origin

• It gives guarantees for the unchanged quality

• It helps in advertising the services/goods

• It also creates an image for the services and goods

• Any name includes personal or surname of the applicant or the signature of the person or predecessor in business which is not unusual for trade.

• Any arbitrary dictionary word or an invented word, not being directly descriptive of the quality of the services or goods

• Letters or numerals or any combination in relation to it.

• The right to hold a trademark may be obtained either by registration under the Act or by use in relation to goods or service.

• Devices including symbols etc

• Combination of colours or a single colour in combination with a device or word

• Monograms

• Shape of goods or their packaging

• Sound mark when represented in conventional notation or described in words by graphics.

• Marks constituting a 3- dimensional sign

The Registered owner of a trademark can create establish and protect the goodwill of his services or goods, other traders cannot use his trademark and if used unlawfully he can sue for damages and secure destruction of infringing goods and or labels.

The registration of the trademark confers upon an owner who has the exclusive right to the use the trademark in relation to the goods or services. The registered mark is indicated by using the symbol (R), and seeks the relief of infringement in appropriate courts. The exclusive right is subject to any conditions entered on the register such as limitation of area of use etc. However, 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.

• For filing new applications there are prescribed form depending on the nature of application- Fees of Rs.4000.

• For filing a Notice of Opposition to oppose an application published in the Trademarks Journal- Fees of Rs. 2,500/- for each class covered

• For Renewal of the Registered trademark Fees of Rs.5,000

• Surcharge for belated renewal- Fees of Rs. 3,000

• Restoration of removed mark-Fees of 5,000

• Application for rectification of a registered trademark-Fees of Rs. 3,000

• Legal Certificate (Providing details of entries in the Register)-Fees of Rs.500

• Copyright search request and issuance of certificate-Fees of Rs, 5,000

The statue i.e., the Trade Marks Act, 1999 is a source of Trademark laws and rulings of the Courts. Also the guidelines prescribed by the Intellectual Property Appellate Board

Yes, whereas the general rule is that the trademark applied for, should not be substantially altered affecting its identity. Subject to this there are some changes permissible according to rules provided in the legislation.

Yes, it can be removed on filing an application to the Registrar on prescribed form with the ground that the trademark is wrongly present on the register. The Registrar can also suo moto issue Notice for removal of a registered trademark

The application must contain the trademark, name and address of the applicant, the goods/services, agent name with power of attorney and the period of use of the mark. The application should be in Hindi or in English. Thereafter applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. It has to be filed at the appropriate office. This application can also be filed online through the e-filing gateway available at the official website.

• Visit on the website ipindia.nic.in/trade-marks.html

• Go to ‘Related Links’

• Click on to ‘Trade Mark status’

• Click to Trade Mark Application/Registered Mark icon

• Click to begin the trademark search

The four types of trademark are

• 1. Fanciful or Arbitrary marks

2. Suggestive marks

3. Descriptive marks

4. Generic marks

Trademark Class 35 is a service category that includes a range of business and professional services. Most of them included services help with carrying out, advertising or managing, an industrial or commercial enterprise.

No, it is not legal to copy a logo as it will be an infringement, and the original owner of the logo can file case and obtain damages.

If the registered trademark is not renewed, then it will be abandoned. One has to file for a new trademark application. Suppose if your trademark was registered 50 years ago and rules are changed for now then also the trademark can be easily renewed according to the new laws.

Yes, a logo is a symbol or a design used by a company that is fall under trademark protection laws.

The trademark registered according to the provisions of the Trademark Act 1999 is valid.

Yes, you can trademark a phrase by keeping in mind that it must not consist of the words that represent quality of your goods or services.

The trademark renewed soon before its expiry duration. The standard duration for trademark renewal is after every 10 years.

No, trademark does not last forever as it has to be renewed after every 10 years.

The Section 8 Trademark Declaration is a statement made to the USPTO i.e. United States Patent and Trademark Office, which confirms your federal trademark has been in continuous use for five years. The one who fail to file their Section 8 Trademark Declaration on time will lose their registration.