- WHAT IS TRADEMARK REGISTRATION?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals, Sound 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. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
- Why to apply for Trademark?
- Exclusive Rights over the Brand Name & Logo Recognition of Product/Services in Market Enhanced Business Opportunities.
- Assured Legal Protection across India for 10 years Creation of Intangible Asset at nominal cost Protection against unauthorized use of your Brand Name.
- Ease for establishing Business on Global Market Stop Competitors from using your Brand Name Gain Profit from licensing of your Trademark
What are the benefits of a Register a Trademark?
- Easily Register Trademark
Trademark registration helps establish ownership and protect brand of an entity. Early trademark filing will help avoid unnecessary legal tangle.
- Creation of Asset
Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
- Trust or Goodwill
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
- Unique Identity
Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
- Global Trademark Filing
A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
- Trademark registration is necessary if you want your business to be recognized as distinctive from the others.
- Trademark is an indication of the quality of the product.
- The registered proprietor of the trade mark has exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark.
- it gives the ability to establish a right to the trademarked word, logo, and sound, graphics or even color combination.
- it protects the “mark” by preventing similar names from being registered by other businesses operating in the space.
- it develops a unique identity that associates the people with the specific brand.
- it will preserve a trademark for generations.
- What can be registered as a trademark in India?
Following marks can be registered under the Indian trademark law: –
- Invented/coined words
- Combination of colors
- Shape of goods
- Sound marks
Can Three (3) dimensional or 3D trademarks be registered in India?
Yes, as per the Indian trademark Law 3-D marks or Three-Dimensional marks can be registered in India.
- Can sound and smell can be registered as trademark in India?
Yes, sound and smell be registered as a trademark in India under the Indian trademark law.
- Can a domain name be registered as a trademark or service mark in India?
Yes, so long it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used a source identifier for the goods or services.
- Is it possible to have a descriptive trademark registered in India?
No, it is not possible to register such a trademark.
- What is a service mark?
A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
- What is a collective mark?
A collective trademark or collective mark is a trademark owned by an organization (such as an association), whose members use it to identity themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization. Example the “CA” device used by the Institute of Chartered Accountants.
- Who can apply for trademark application in India?
An application for registration of a trademark in India may be made by any person claiming to be the proprietor/owner of a mark for those goods and services for which he is using or intends to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark.
- Whether foreign proprietors can apply for registration of trademark in India?
Yes, foreign proprietors can apply for registration of trademark in India. The Indian trademark law is obedient and provides for protection of well-known trademarks and recognizes trans-border reputation.
- What is the worth of trademark and how can it have exploited economically?
A trademark is an incorporeal asset and is also a guardian of the commercial good will of a business. Monetary gains can be enjoyed by licensing and assignment of the trademark.
- Is proof of use necessary for filing a trademark in India?
NO, use of mark prior to registration is not mandatory in India. Trademarks that are proposed to be used can also be registered in India.
- Is it require to file a statement of use of the trademark at the time of filing an application?
Yes, a statement of use including whether the mark has been in use or is proposed to be used is required to be filed at the time of filing a trademark in India.
- Can a multi class trademark application be filed in India?
Yes, under the Indian trademark law, multi-class trademark applications can be filed in India.
- What are the grounds for objections or refusal to register a trademark in India?
A trademark can be refused registration under the relative and absolute grounds:
- Similar or identical to an earlier trademark for the same or similar goods/ services.
- Similar or identical trademark in respect of different goods/services.
Absolute grounds of refusal for Registering a trademark India:
A trademark is refused registration under the category if the trademark is:
- Devoid of any distinctive character.
- Consists exclusively of the marks or indications which may serve in trade to designate the kind, quantity, intended purpose, values, geographical origins or the time of productions of the foods or rendering of the service or other characteristics of the goods or services.
- Which trademark cannot be registered?
A mark shall not be registered as a trademark if-
- The mark is likely to deceive the public or cause confusion.
- The matter contained or comprised in the marks is likely to hurt religious susceptibilities of any class or section of the citizens of India.
- The contains or comprises of scandalous or obscene matter.
- Its use is prohibited under the Emblems and Names Act, 1950.
- Where can an application for registration of trademark in India can be filed?
Application for registration of a trademark in India can be filed at any of the five intellectual property offices (Located at Chennai, Mumbai, Kolkata, Delhi, and Ahmadabad) depending upon the jurisdiction of the primary place of business of the proprietor/owner or the location of the agent in same of foreign proprietors.
- What is the procedure for registering a trademark in India?
The procedure for registering a trademark in India is as follows: –
Trademark application filing in India: – as per the procedure specified in the Trademarks Act.
Examination Report by the Registry: – an examination report is usually issued within three months to one year depending on the back log of the registry.
Reply to examination report– a reply to an examination report has to be filed within a period of one month from the receipt thereof. If the registry is satisfied with the reply, the application shall proceed for advertisement in the Trademarks Journal.
Advertisement in Indian Trademarks Journal- An application is advertised in the Trademarks journal so as to invite the public for filing an opposition for the mark.
Opposition- the time period to file a notice of opposition is four months from the date the Trademarks Journal in which the mark has been advertised, has been made available to the public.
Registration- where no opposition is filed within the specified time, the application shall proceed to registration.
- What is the benefit of a registered trademark as compared to unregistered trademark in India?
In case of a registered trademark, an action for infringement lies where the aggrieved can sought civil and criminal reliefs.
- What is the period of limitation for filing a suit for infringement of a trademark in India?
3 Year from the date of infringement.
- What is the term of registration of a trademark in India?
10 Year and is renewal every 10years.
- Is a trademark renewal application examined in India?
Yes, the examination includes whether the application has been filed in time and whether the same has been filed by the proprietor of the mark on record.
- Can a trade mark be removed from the Indian trademark register because of it not being in use after registration?
Yes, if a registered trademark has not been used for a continuous period of five years and three months, it can be removed on an application made in the prescribed manner by filing a request before trademark office in India.
- How long does it take to get a trademark registered in India?
It may be anywhere from almost a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.
- What is the difference between a trademark and a patent?
A patent is a protected invention that is technical in nature, while a trademark is a registered sign attributed to a particular product or services. Both denote a kind of legal protection.