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Trademark registration online in India

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Hemapriya kanakkupillai
Trademark registration online in India

What is a Trademark?

A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs are used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. A SERVICE MARK is the same as trademark registration online except that it identifies and distinguishes the source of a service rather than a product.

Any substance/matter for being a trademark shall fulfill the following conditions

  • It must be a mark as defined under section 2(1)(m).
  • Such mark must be “capable of being represented graphically”.
  • Such mark must be “capable of distinguishing the goods or services of one person from those of others”.
  • The mark must be in use or proposed to be used in relation to specific goods and or service.

Legislation:

The law of trademarks is governed by the trademark. The Act seeks to provide for the registration of trademarks relating to goods and services in India. 

Rights conferred by registration:

The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered.

Who can apply?

Any person can apply for registration of a trademark to the Trademark Registry under whose jurisdiction the principal place of the business of the applicant in India falls. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the company’s favour.

Requirements for filing Trademark application:

1.    Name of the Trading style or Firm name, Company name.

2.    Name of the proprietor or the name of the partners

3.    Address of the Business Place

4.    20 Labels of trade mark logo in visiting card size or lettering style or device

5.    Specification of goods to which the mark is applicable

6.    Date of the first use of trade mark, if the mark is already in use. Otherwise application may be filed as ‘proposed to be used’

•      This you can verify from your first invoice

•      If the product is medicinal preparation, then you can verify from the Drug Endorsement made for the particular product in your drug license.

7.    Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorized signatory in case if the applicant wants to engage the services of a Trademark Attorney.

8.    If it is a Private Ltd Company or a Public Limited Company, please furnish the Memorandum and Articles of Association

Information:

Full name and address of Applicant. Specification of goods or services specified in terms of individual names.

Class: International Class of goods and services. Mark-character, device, figure, three-dimensional mark, logo and/or colour. Prior use is not required to file an application. Details of Convention Priority, if any — first filed country, filing number and date; the term of priority is six (6) months.

Documents:

Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.

Trademark Search:

Before making an application for registration it is prudent to make an inspection of the already registered trademarks to ensure that registration may not be denied in view of resemblance of the proposed mark to an existing one or prohibited one.

How to acquire a right in a trademark?

A person may acquire a right of property in a trademark in the following modes:

a)    By use of the mark in relation to particular goods; or

b)    By registration under the Act; or

c)    By assignment or transmission of the right from another person.

Filing and Prosecuting Trademark Applications:

An application for trademark registration in India may be made with prescribed fee of 2500/- at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad depending on the place where the applicant resides or has his principal place of business. If it is found be acceptable then it is advertised in the Trade Marks Journal to allow others to oppose the registration. If there is no opposition or if the opposition is decided in favour of the applicant then the mark is registered and a certificate of registration is issued. If the applicant’s response does not overcome all objections, the Registrar will issue a final refusal. The applicant may then appeal to the Intellectual Property Appellate Board, an administrative tribunal.

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