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Trademark Registration

Trademark Registration

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Trademark Registration

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  2. THE CONCEPT OF “TRADE MARK” A trademark which is otherwise cited as “mark” can be explained as a unique indicator, symbol, graphic design, word, combination, shape of packaging or signature, which has a legal recognition that distinguishes a product or service from its competitors. A trademark can be used either by an individual, firm or business entity. At times even smell and sound can be trademarked. emblem, colour The registration of the trademark is exercised by “Controller General of Patents Designs and trademarks, Ministry of Commerce and Industry”, Government of India and the process is governed by “Trademark Act 1999”.The registration of the trademark is categorised under different classes which is open to be chose by the applicant. Once the mark is registered the applicant will be allotted with TM number which allows to track your application and also be authorised to use™symbol for the products registered under a particular class and on successful completion of registration for two years will permit the usage of ® symbol for the product. And the registration will be valid for 10yrs which can be renewed thereafter. To ensure a unique and attractive trade mark for a business, you must establish a connection between your product and the mark that easily catches the attention but different from other existing trademarks used by competitors. /estartindia /estartindia /estartindia /estartindia /estartindia

  3. WHY REGISTRING TRADEMARK IS IMPORTANT? ➢ EXCLUSIVE RIGHTS: -Ensures exclusive rights for the owner of Trademark to use the same trademark for all the products falling under the class(es) registered and avoid usages of same mark by the adversaries. ➢ STRONG LEGAL GUARD: -Extends legal protection from infringement of the owner’s rights from the deceptive usage of the mark by competitors. ➢ BUILDS GOODWILL AND FAITH: -The mark will act as an indicator to the quality of the product as it has legal recognition. ➢ UNIQUE IDENITITY: -It allows the consumers to identify the product offered by the owner. ➢ The registration assures a protection of the mark for 10 years at very low maintenance cost. ➢ IMPROVES MARKETABILITY: - Trademark which is registered, act as an intangible asset to the organisation which can be sold, franchised or commercially contracted. ➢ GLOBAL TRADEMARK FILING: - Global registration of trademark is another highlight of registering the trademark as the registration of the mark done in India can be used as a basis for registering the mark at any other country. /estartindia /estartindia /estartindia /estartindia /estartindia

  4. DOCUMENTS REQUIRED ❑ APPLICANT’S IDENTITY PROOF ❑ The applicant must produce proofs revealing identity such as passport, aadhaar card, drivers licence, voters ID or ration card. ❑ PROOF OF BUSINESS ❑ Where the applicant is corporate entity, then documents like Partnership Deed, Registration Certificate must be submitted. ❑ FORM 48 ❑ Form 48 of the Trademarks Act 1999 is a form to authorise an agent/attorney to file an application for Trademark registration on behalf of the applicant. The form must be duly filled, dated and signed for submission by the applicant. ❑ LOGO WITH TAG LINE ❑ The logo to be trademarked which is designed by the applicant must be submitted most preferably in black and white format. But in case the application to trademark is made only for a word the logo submission is not mandatory. The applicant must be vigilant in ensuring that the words mentioned in the application must match with the words contained in the logo. ❑ USER AFFIDAVIT ❑ When a claim of prior usage in made in the application, the submission of user affidavit is made mandatory. Certificate or Incorporation /estartindia /estartindia /estartindia /estartindia /estartindia

  5. ELIGIBILITY OF APPLICANT An individual, firm or business entity is eligible to apply for registration. The person applying for the registration of trademark must be the proprietor of the goods and services provided. And the registration shall be done at the Trademark Registry located within the jurisdiction of the principle office of the proprietor and at a situation where the principal office is located outside India then the application shall be filed in the jurisdiction where the services are provided in India. REQUIREMENTS FOR AN IDEAL TRADE MARK ➢ The mark should be capable of being expressed graphically i.e. in the paper form. ➢ It must be distinguishable from those marks used by the owners of similar goods and services. ➢ The mark should indicate a connection with goods and services involved in the trade or business. ➢ It should not deceive the public or cause confusion, hurt religious sentiments, be scandalous and obscene or be prohibited under Emblems & Names (Prevention of Improper Use) Act 1950. /estartindia /estartindia /estartindia /estartindia /estartindia

  6. PROCESS OF REGISTRATION TRADEMARK SEARCH:- A trademark search will be conducted by eStartIndia to check whether your selected mark is available and in case of unavailability, we will assist you in creating a distinctive mark that is accessible. SELECTION OF CLASS:-The trademark registry has classified the goods and services under 45 classes and the applicant must select a class under which his products shall fall in order to register the trademark. PREPERATION OF APPLICATION :- Registration can be done by filling the application for registration which shall contain the queries regarding all relevant details of your business, logo, name, slogan etc. under which you are intending to register the trademark. eStartIndia will prepare your application with the assistance of the information and documents submitted. FILING OF APPLICATION: - Once the application is prepared and signed by the EstartIndia will file the application before the Trademark Registrar. Then the applicant will be awarded with TM number that will allow the applicant to track their application and use the ™ symbol for your products. VIENNA CODIFICATION: - The next step is to affix Vienna classification to adhere with the provisions of Vienna Agreement 1973. And the application status at this stage will be reflected as “sent for Vienna codification”. EXAMINATION AND APPEAL: - After the completion of Vienna codification the application will be examined by the Trademark Officer, where the officer has the discretion to object or accept the application. In case the application is rejected the applicant has the right to file his objections before the officer and in case of further dissatisfaction, the applicant can approach the Intellectual Property Appellate Board. The assistance for filing objection and other related procedure are also offered by eStartIndia. PUBLISHING OF APPLICATION :- The application being accepted by the officer becomes eligible to be published in Trademark Journal where it acts as advertisement for the public to raise objection against the said trademark registration within 90 days from the date of such publish. And in case of genuine objections raised within the said period the matter will be put to hearing before the Trademark Hearing Officer. REGISTRATION CERTIFICATE: - When no objections are raised or if the objections raised didn’t not stand after hearing then a Trademark manuscript and trademark registration certificate will be sent to the applicant that shall grant the applicant with the exclusive rights of trademark ownership. eStartIndia will be informing you with the status of application at every stage in the process. The applicant shall only provide the information and documents, the further processing will be done by us.

  7. 1.What all can be registered as Trademark? 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 name, label, symbols, designs, signature, emblems, shape of goods, their packaging and combination of colours. 2.What invalidates a trademark registration? Section 9(2), 9(3) and 11 of Trademarks Act 1999 prescribes any mark which is similar or identitical to any mark already registered or kept for registration, deceptive, hurtful to religious sentiments, cause confusion, against public morality or against any existing law cannot be registered. 3.How to identify the class for registration of trademark. The Trademark Registry has prescribed 45 classes that represents different sets of goods and services. The applicant can identify the class from the available list. And the chosen class must be mentioned in the application 4.Can on trademark be used for all the goods and services offered. The same trademark can be used for all the goods and services that fall under the chosen class. If any product falls under different class then the owner must register the trademark separately prescribing the class under which the product fall. 5.Will the trademark registered in India be valid globally? The registration shall not be valid globally but the registration done in India can be made as a basis for registering the trademark with any other country. 6.Can a foreign entity apply for trademark registration in India? A foreign entity can file an application for registration subject to the condition that an address for communication in India must be provided. 7.Can a registered trademark be removed from register? A registered trademark can be removed by applying to the Registrar on the ground that the mark is wrongly represented or the Registrar can suomoto issue notice, conduct hearing and then remove the trademark from register. 8.Who can file trademark application? The owner/ proprietor or an authorised representative of the owner can file the application for registering trademark. And the applicant can be a business entity, company, NGO or individual. /estartindia /estartindia /estartindia /estartindia /estartindia

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