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Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. The registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
Why you should get Trademark Registration?
You can protect your brand name by taking a legal action and claim damages in case of trademark infringement. Trademarks are valid for a period of 10 years.
Trademark is an intellectual property, it’s is an intangible asset for an organization. Registered trademark is a property that can be sols.
Getting your brand registered will help you in establishing a unique identity for the goods or services provided by you.
Brand name represents our business. Customers recognize the goods/services provided by us through our brand name and over a period of time its stats generating trust.
Documents Required for Trademark Registration
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
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Submit all the documents required for Trademark Registration, Preparation and submission of application for Trademark Registration with department.
Issuance of Trademark Registration certificate by email.
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Trademark Updates and News
™ Symbol can be used with application for trademark has been made with Trademark registry. It indicates that application made.
® Symbol denotes that trademark is successfully registered in Trademark registry and No one else can use registered trademark.
SM or Service Mark Symbol is used when application has been made for service mark for registration. SM is used for class 35-45.
© Symbol mean copyright. It reserved right of art work, videography, photography, music, book, design etc
EAdvisors provides you facility of get Trademark Registration from your home/office. You can provide all the document through email or Whatsapp to our TM Expert Team. EAdvisors can make your Trademark application with in 3 working days
What included in TM Registration: –
- Availability of Name
- Government Fee
- Submission of Application
- Tracking of Application status
- Two response to objection
- Issuance of TM Certificate
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What is a Trademark?
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 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. The legal requirements to register a trademark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
How to select a good Trademark?
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Which are the cases when registration is compulsory?
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
Who can apply for a trademark and how ?
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.
What are different types of trademarks that may be registered in India?
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
Who benefits from a Trademark?
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
What are the benefits of registering a trademark?
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
What are the sources of Trademark laws?
- The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
- International multilateral convention.
- National bilateral treaty.
- Regional treaty.
- Decision of the courts.
- Office practice reduced in Manuals and guidelines and rulings of the Courts
- Decision of Intellectual Property Appellate Board.
- Text books written by academician and professional experts.
What does the Register of trademark contain?
The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
Can any correction be made in the application or register?
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
Can a registered trademark be removed from the register?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
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