What is a Trademark?

A Trademark could be any visual symbol, word, phrase, image, style, a combination of words, phrases, symbols or styles are utilized in the course of trade that identifies and distinguishes the supply of the products or services of one enterprise from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the particular service instead of a product. For hassle-free trademark Registration Contact us. we will kick-start the trademark registration process for you.

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

• It should be a mark as outlined according to section 2(1)(m).
• Such a mark should be “capable of being drawn graphically”.
• Such a mark should be “capable of distinguishing the products or services from those of others”.
• The mark should be in use or projected to be utilized with respect to specific merchandise and or service.

LEGISLATION

The law of emblems is ruled according to the by the Trade Marks Act, 1999. The Act seeks to produce for the registration of emblems regarding merchandise and services in Bharat.

RIGHTS

The registration of a trade mark confers on the registered owner of the trademark the privilege to use the trademark with respect to the goods or services in respect of which the trademark is registered.

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 falls in India. Just in case of an organization getting ready to be shaped, anyone could apply in his name for later assignment of the registration within the company’s favor.

Requirements for filing Trademark application:

1. Name of the trading type or Firm name, name.
2. Name of the owner or the name of the partners
3. Address of the Business Place
4. Twenty Labels of trademark logo in greeting size or inscription style or device
5. Specification of goods to which the mark is applicable
6. Date of the primary use of a trademark, if the mark is already in use. Otherwise, an application is also filed as ‘proposed to be used’.
7. This can be verified using your 1st invoice
8. If the product is medicative preparation, then you must verify from the Drug Endorsement created for the actual product in your drug license.
9. Authorization form on form TM-48 in stamp paper and so to be signed by the approved individual just in case if the somebody desires to interact with the services of a Trademark lawyer.
10. If it’s a non-public Ltd Company or a Public Ltd., please furnish the memo and Articles of Association

Required Information:

• Full name and address of the individual. Specification of products or services per terms of individual names.
• Class: The International category of goods and services. Mark-character, device, figure, three-dimensional mark, brand and/or color. preceding use isn’t needed to file an application. Details of Convention Priority, if any first filed country, filing number, and date, the term of priority is six months.
• Documents: Power of lawyer (neither notarization nor diplomatic building legalization required) to be executed by a private or a representative of an organization.

TRADEMARK SEARCH:

Before creating an application for registration it’s prudent to form a review of the already registered emblems to make sure that registration might not be denied in sight of alikeness of the projected mark to an existing one or prohibited one.

How to acquire a right in a very trademark?

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

1. By use of the mark in respect to specific goods, or
2. By registration under the Act, or
3. By assignment or transmission of the right from another person.

Filing and Prosecuting Trademark Applications:

An application for trademark could also be created on form TM-1 with fee sum of Rupee 2500/-. If it’s found be acceptable then it’s publicized within the Trade Marks Journal to permit others to oppose the registration. If there’s no opposition or if the opposition is determined in favor of the individual then the mark is registered and a certificate of registration is issued. If the applicant’s response doesn’t overcome all objections, the Registrar can issue a final denial. Then, the applicant can appeal to the intellectual property appellate Board, an administrative court.

Regional Jurisdiction:

1. Mumbai Office: Maharashtra, Madhya Pradesh, and state
2. Ahmedabad Office: Gujarat, Rajasthan, Daman, Diu, Dadra, and Nagar Haveli
3. Kolkata Office:  Arunachal Pradesh, Assam, Bihar, Orissa, state, Manipur, Mizoram, Meghalaya, Nagaland, Sikkim, Tripura, Andaman & Nicobar Islands
4. Delhi Office: Jammu, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Old Delhi, and Chandigarh
5. Chennai Office: Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, Pondicherry & Lakshadweep

STAGES CONCERNED FOR GETTING TRADEMARK REGISTRATION

1. Allotment of application number: Upon receipt of an application for registration, a serial number is assigned to a similar, that is employed as a reference number for the application. The same number is employed as the Trademark identification number if the mark is registered.
2. Preliminary exam Report: The registry examines the appliance and sends a preliminary exam Report (“PER”) beside Formalities Check Report (“FCR”) to the somebody whereby the Registrar would decide upon the applicant to remedy the deficiencies and division objections. The applicant should reply to the PER and FCR within a period of 1 month.
3. Hearing: If the Registrar isn’t happy with the appliance and reply to PER, he might call the individual for the hearing. if the individual is replied with his hearing. If the Registrar is happy with the hearing of an individual, then he may permit for publicity.
4. Registration: In case no one raises any objections. your trademark name or word will get registered.