The Trademarks Act, 1999 provides protection to the owner of a trademark and imposes criminal liabilities for the infringement of the trademark owner’s rights. To enjoy protection, the owner of a trademark must apply for registration with the Trademark Registrar of the Registry of Trademarks, India. The Trademarks Act is also applicable to the protection of service marks, certificate marks and collective marks. The Trade Mark Registry Office performs the statutory duties in connection with the registration of Trade mark and other activities related thereto. Trade Mark offices are located in Ahmadabad, Chennai, Kolkata, Mumbai and New Delhi.
Trade Mark:
Trademark may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth.
A trademark is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark.
Under modern business condition a trade mark performs 4 functions:
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality.
- It advertises the goods/services.
- It creates an image for the goods/ services.
How to select a Trademark ?
- If it is a word it should be easy to speak, spell and remember.
- The best trademarks are invented words or coined words.
- Please avoid selection of a geographical name. No one can have monopoly right on it.
- Avoid adopting laudatory/admiring word or words that describe the quality of goods (such as best, perfect, super etc)
- It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.
Types of Trademark registered:
- Product trademarks: are those that are affixed to identify goods.
- Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.
- Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features.
- Collective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.
Procedure for registration trademark under section:
| S. No. | Particulars | Requirement |
| 1.
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Application forRegistration of Trade Mark(Rule 25 & Section 18) |
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 Form TM-1with fees of Rs. 3500/- for the registration of his trade mark. |
| 2.
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Conditions regarding Registration of trademark.
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1. An application shall be signed by the applicant or his agent.
2. An application to register a trade mark shall contain a statement of the period during which, and the person by whom it has been used in respect of goods or services mentioned in the application. We can give affidavit for said purpose.
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| 3. | Representation of Trademark (Rule 28) | 1. An application for the registration of the Trade mark(TM-1) shall contain a representation of the mark(iguid) in the space (8cm* 8cm) provided on the application Form. |
| 4.
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Additional Representation of Trademark(Rule 29)
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1. Every Application (TM-1) for registration of a trademark shall be made in Triplicate).2. Every copy of such application (TM-1) shall be accompanied by five additional representations of the mark (iguid).
3. Every copy of Additional Representation shall contain the following information:
4. All representations shall be printed on the strong paper.
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| 5.
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Acknowledgement copy of application
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1. Every application for the registration of a Trade mark in respect of a trademark in respect of any goods or services shall on receipt, be acknowledged by the registrar.2. The Acknowledgement shall be by way of return of one of the additional representations of the trademark filed by the applicant along with his application, with the official number of the application duly entered thereon.
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| 6.
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Correction or amendment of application
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1. An applicant for registration of trademark may whether before or after acceptance of his application but before the registration of trademark, apply in TM-16 accompanied by the fee of Rs. 500/- for the correction of any error in or in connection with his application or any amendment of his application. |
Crux:
Documents Required for Registration of Trademark:
1. TM-1 application (3Copies) with registration fees of Rs. 3500, which is to be paid in cash.
2. Representation of the mark in TM-1 (3 Copies)
3. Additional Representation (15 Copies on Strong sheets)
4. Board Resolution on letterhead of the company.
5. Authorization letter on letterhead of the company.
6. Rubber Stamp of Company.
7. Rs. 7500/- Professional fees inclusive of service tax.
8. Official Address of Trademarks registry: Plot. 32, Sector -14, Dwarka, New Delhi.
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