A Trademark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures.
A trademark is therefore a “badge” of trade origin. It is used as a marketing tool so that customers can recognise the product of a particular trader. To be registrable in India it must also be capable of being represented graphically, that is, in words and/or pictures.
An application for registration may be made by any person claiming to be the proprietor of a mark but only as regards the particular goods or service in respect of which he/she is using or proposing to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark himself/herself or though a registered user.
• Foreigners and nationals not living in the country:
May be recorded as being registered proprietors of trademarks but they must provide the Registry with an address for service in India, otherwise, they must appoint a registered agent or representative.
• Kind of marks:
The law provides for association trademarks, the registration of certification marks, defensive marks and collective marks.
To be registrable, a trademark application must contain or consist of the following essential particulars:
o The name of a company, individual or firm represented in a special or particular manner;
o The signature of the applicant for registration or some predecessor in his/her business;
o One or more invented words;
o One or more words having no direct reference to the character or quality of the goods and not being, according to its ordinary signification, a geographical name, or a surname, or a personal name, or any common abbreviation thereof, or the name of a sect, caste or tribe in India;
o Any other distinctive mark. No trademark shall be registered in respect of analgin, aspirin, chloropromazine, ferrous sulphate, piperazine and its salts such as adipate, citrate and phosphate or for a new single ingredient drug first introduced in India. The Indian national flag, the name or pictorial representation of Mahatma Gandhi, Jawahar Lal Nehru, Chatrapati Shivaji, or the Prime Minister of India and the names and emblems of certain international organizations may not be registered as trade marks. In the case of portraits, the name of the person depicted must be stated.
Registerable in India in eight classes
Can be claimed from the earliest corresponding application in a Convention country provided that application is filed in India within six months of the priority date. Multiple and partial priorities are allowed.
The international classification of goods is used and separate applications must be filed for goods falling in different classes. Classes 1 to 42 are available.
The trademark legislation covers the whole of the territory of India as at present constituted, including the States of Jammu and Kashmir and the territories of Goa, Daman, Diu, Dadra, Nagar Haveli and Pondicherry.
Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subjects of earlier pending applications.
Suits may be filed against the infringement of registered marks and in any suit, registration may be regarded as valid in all respects even years from the date of registration. Unregistered trademarks with reputation in India or internationally well-known trademarks, can be protected against misuse in a passing off action.
We provide following
services to our Intellectual Property Rights customers. In case of –
Conducting search at trademark register.
Drafting and filing Trade mark application.
Licensing and assignment of trademark.
Passing- off,alsification, counterfeiting, infringement, and