Trade Mark Registration in India

Consumer ‘s view of a trademark registered company in India settles on the presumed fact that the particular product purchased by him comes from multiple sources. As soon as he consumes it, he realizes that he has been duped by handling him the substandard product.

Trade Mark Registration in India

Consumer ‘s view of a trademark registered company in India settles on the presumed fact that the particular product purchased by him comes from multiple sources. As soon as he consumes it, he realizes that he has been duped by handling him the substandard product. It maligns the trader’s reputation in customer’s eye. Incorporating products with the measure of standard quality i.e. the trademark accounts to the assurance of the sources from where the product is procured ensures reliable bond between the trader and the customer.

WHAT IS TRADEMARK?

Trademark means the parameter which can be represented graphically and is capable of distinguishing the great quality products from the inferior ones. It may include a phrase, sign, symbol, designs or combination of all. A sign includes logos, color, slogans, gestures, three dimensional figures and more. It is therefore a badge which specifies origin of a particular product. It acts as an identification mark which acquaints the customer with the particular trader. For trademark registration in India, the trademark should bear the capability of getting represented graphically.

TRADEMARK REGISTRATION CAN BE DONE FOR THE FOLLOWING:

  • Any title, word, symbol, signature, label, name, or any other combination.
  • Any Base, Slogan or punch line used to highlight services and products.

FUNCTIONS OF A TRADEMARK/BRAND NAME:

  • Identification of the goods and the services along with the owner
  • Promotion of goods and services
  • Creating image of the goods and the services in the market
  • Stimulating purchase
  • Act as a badge of loyalty and affiliation
  • It encourages customer to make a style statement

ADVANTAGES/BENEFITS OF TRADEMARK REGISTRATION

Both customer and the business owners are benefited from the Trade mark. It helps the business to build an identity, a reputation with the customers which eventually helps in expansion of the business to a grand level. It helps customer to choose the right i.e. the standard product identified with the symbol or logo. They can search for their familiar and favorite brand name for shopping and avoid the low-quality services. Its advantages are as follows:

  • Grant owner the exclusive right to use a brand
  • Secure hard-earned goodwill in the market
  • Protects your name or the company product’s name being from being copied in the market and in this way safeguard your reputation in the market
  • Renders your business a tag of ‘Branded goods’
  • Obtaining relief with respect to the infringement of the trademark.
  • Power to assign trade mark to others for consideration

LEGAL BASIS

  • Trademark Act 1999
  • The Trademark rules 1959. This law takes UK Trademark Law as its foundation and provide services of registration of the trademarks which are being used for certain goods indicating the connection between them and the persons who share the right to use the mark with or without the indication of the person’s identity.

TERM/DURATION OF A TRADEMARK IN INDIA

The registration term of the trademark is 10 years but can be renewed under the Trademark Act 1999 provisions with a certain amount of prescribed payment. The application for the trademark renewal can be filed within the 6 months of the expiry of the registered trademark.

CLASSIFICATION OF GOODS AND SERVICES


GOODS

  1. Use of chemicals in the fields of agriculture, horticulture, science, photography, unprocessed artificial resins, unprocessed plastics, fire extinguishing compositions, manure; chemical substances for preserving foodstuffs; adhesive used in industry and tanning substances)
  2. Lacquers, Paints; varnishes, preservatives against rust and deterioration of wood; colorants mordents; metals in foil and powder form for painters, raw natural resins, artists and printers)
  3. Preparation o bleaching and other substances for laundry: cleaning; polishing, soaps; perfumery; essential oils, hair lotions and cosmetics)
  4. Industrial oils and lubricants, wetting and binding compositions; candles, wicks, fuels)
  5. Sanitary, Pharmaceutical and veterinary preparations; food for babies; plasters, dressing material, dental wax; preparation for destroying vermin; fungicides, herbicides and disinfectants)
  6. metals and their alloys: transportable metal buildings, metal building material; cables and wires of common metal; goods of common metal find no mention in other classes; small items of metal hardware and ores.)
  7. Machines and its tools: machine coupling and transmission components (except for land vehicles); motors and engines (except for land vehicles) agricultural implements other than hand-operated.)
  8. In photographic, surveying, electric, cinematographic, optical, measuring, signaling, weighing, checking (supervision), lifesaving apparatus; transmission or reproduction of sound or images, teaching apparatus and instruments recording discs; cash registers, fire extinguishing apparatus, data processing equipment and computers. )
  9. veterinary medical, dental, apparatus and instruments, suture materials, eyes and teeth, artificial limbs; orthopedic articles; )
  10. Lightening apparatus and apparatus for steam generating, refrigerating, sanitary purposes)
    Firearms; projectiles; explosives; fireworks, ammunition)
  11. Precious metals and their alloys; goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological instruments)
  12. printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; instructional and teaching material (except apparatus) playing cards; printers’ type; printing blocks, and bookbinding)
  13. Hand tools and implements (hand-operated); cutlery; side arms; razors)
  14. Leather; things made of these materials are animal skins; parasols and walking stick; trunks and travelling bags, harness and saddlery; umbrellas which don’t find mention in other classes)
  15. Building materials, (non-metallic), rigid pipes for building; pitch and bitumen; metallic transportable buildings;)
  16. Utensils and containers, sponges; brushes (not the paint brush), articles for cleaning, porcelain, earthenware, don’t find mention in other classes)
  17. Mirrors frames, picture frames, goods (not find mention in other classes) of wood; wicker, horn, whalebone, shell, ivory, mother- of-pearl, plastic substitute )
  18. string, nets, tents, awnings, ropes, sails, sacks and bags, raw fibrous textile materials)
  19. Textiles and textile goods, not included in other classes; bed and table cover.)
  20. footwear, headgear, Clothing,)
  21. rugs, mats and matting, Carpets, other materials for covering existing floors; wall hangings(non-textile))
  22. fish and poultry; meat extracts; jams, preserved jellies, fruit sauces; eggs, milk and milk products; edible oils and fats, cooked fruits and vegetables)
  23. Beverages like tea and coffee along with preparations made from pastry and confectionery, bread, honey; yeast, salt, mustard; vinegar, sauces; spices; ice, baking powder)
  24. Games, gymnastic and sporting articles not included in other classes; decorations for Christmas trees)
  25. Yarns and threads, for textile use)
  26. Bears, minerals, aerated waters, non-alcoholic drinks, syrups and other preparations for making beverages)
  27. Tobacco and matches; smoker’s article
  28. Agriculture, forestry and horticulture products; not included in any other class; fresh fruits and vegetables, live animals, natural Plants and flowers and animal’s foodstuff
  29. Lace and embroidery: buttons, hooks, eyes, needles; artificial flowers)
  30. Rubbers, asbestos, goods and mica are not included in other classes; packing, insulating and flexible pipes
  31. Vehicles; apparatus for locomotion through water, land and air
  32. Alcohol beverages (except beer)

SERVICES

  1. Business management, advertising, administration and office functions
  2. Construction of buildings: installation and repair services
  3. Finance and Insurance affairs; real estate affairs
  4. Telecommunications
  5. Treatment of materials
  6. Packaging and storage of goods; transporting and travel arrangement
  7. Technological and scientific research and services and related designing; design and development of computer hardware and software
  8. Hygienic care and beauty treatments for human beings and animals; forestry and agriculture services
  9. Services for providing food and beverages along with temporary accommodation.
  10. Legal services; protection of property and individuals; to meet the needs of individuals through personal and social services.

USE OF THE ‘TM’, ‘SM’ AND ® SYMBOLS


TM’ Symbol: After filing an application with the pending registration can use TM symbol which signifies ‘’ trademark’’ with the symbol to inform the public about his new brand. The claim however in some cases can be deemed as invalid.

‘SM’ Symbol: SM symbol indicates Service Mark, it is identical to Trade mark with an exception that it identifies and distinguishes the source of a service rather than a product

‘R’ Symbol: This is a registration symbol which is used only after registration of the mark and the issuance of the certificate by the Trademark Registrar.

TM is the most popular symbol among the above-mentioned symbols used for indicating the application or registration of Trademark.

PROCEDURE OF TRADEMARK REGISTRATION


Trademark Search: Conducting the trademark search for the relevant class prior to filing the application is necessary for assuring that there lies no identical trademark already registered for which the registration application has been submitted.

Filing of an Application: In case the proprietor wants to file the application for the registration in the trademark registry Office, within the territorial limit of the business place in India

Examination of the Application: It is conducted by the Registrar for confirming whether it is distinctive and does not conflict with existing registered trademarks and with that the examination report is issued.

Publication The application is published after and before it’s acceptance in the Trademark Journal


Third Party Opposition After the publication if any person opposes the registration and gives notice regarding that within 3 months or more

Hearing Before Registrar: If the registration goes in favor of the applicant of the registration of trademark, the Registrar shall register the Trademark

Registration of Trademark: After the trademark registration, the Registrar shall issue the Trademark Registration Certificate to the applicant.

FLOW CHART FOR TRADEMARK REGISTRATION

trade

SERVICE MARK REGISTRATION INDIA

The Trademark Act was enacted in 1999 and came into force from 15th September 2003. Introduction of registration of service marks in India accounts to its major feature. Earlier, the service mark registration was not allowed. The protection of service laws was only available under common law. With this act into action, one can now register separately and protect service marks statutorily.

WHAT ARE SERVICE MARKS?

They are used in form of service businesses where the goods under that trademark are not traded. For example, the 5-star hotels like Le Meridian, Oberoi and Taj. In the hotels no goods are traded but services are offered. These are statutorily protected under the Act. In the same way, the marks for services like business processing outsourcing, health insurance, repair services, educational services can be secured by the registration.

SERVICE MARKS:

Services, Registerable in India in eight classes

TRADEMARK REGISTRATION REQUIREMENTS
Trademark application requirements

  • Full name and Address of the Applicant
  • Characteristics of goods and services specified in the individual’s name
  • International Class of goods and services
  • Mark, Character, figure, device, color and logo


Documents

  • Form TM-48 (Power of Attorney)
  • Certified copy of application which forms the base for convention priority may be filed within 3 months of Indian Filing date
  • Clear print of mark or 10 prints of color mark
  • List of all the items to which trademark service is applied to in a proposal to be applied for
  • Date since used, in case the trade mark/ service mark is already being used in India
  • Countries list with the date where trade mark/ service mark has been applied for already