Trademark registration in India

   
   
Trademark registration in India

Section 2 (zb) of Trademarks Act 1999 defines a trademark as an intellectual property representing a mark in the form of a logo, word, phrase, graphical image, symbol, slogan, tagline, etc… capable of appropriately differentiating the services, products or goods of a person or a company from other person or company including packaging, labeling, shape & size of goods/products and color combination. Marks used for identifying and differentiating services are known as service marks.

An application for trademark registraion in India can be filed by a person, partnership firm, society, trust, HUF, body incorporate, government undertaking/authority, joint proprietor or association of persons.

Trademark Registration in India

Indian Trademarks Act 1999 enables a person or a company to register trademark in India under different categories namely, Service Mark, Certification Mark, Collective Mark, Textile Mark, Trade Name, Series Trademark, Associate Trademark, Shape Trademark and Sound Trademark.

The following are the different types of trademarks that can be registered in India:


    Name (personal name or surname of the applicant or predecessor in business or person’s signature) not being an unusual one.

    Any word that has been invented or freshly created or is an arbitrary dictionary word/words.

    Numerals or letters or any combination.

    Devices including fancy symbols or devices.

    Monograms.

    Packaging or shape of goods/products.

    Color combination irrespective of being single color or a combination of colors of a color synced with device or a word.

    3 dimensional sign marks.


Documentation required for trademark registration in India


    3 copies of Trademark Application form signed by applicant himself/herself or by his/her agent.

    A document explaining the specifications as well as details of services or goods for which the trademark is requested. The details must not exceed 500 characters per class.

    A user statement specifying the time period during which the Trademark has been utilized and by which person/entity.

    Mark prescribing space and size format.

    5 copies of mark representation document containing class as well as specification of services or goods for which the registration is  sought, the name and address of agent/applicant and the time period of using if any.

    For color combination trademark, the applicant/agent needs to submit an application containing one reproduction of mark in black and white and four reproduction of the mark in color.

    For three dimensional trademark, the reproduction of the mark shall consist of a two dimensional graphic or photographic reproduction.

    For packaging of goods trademark, at least five different views of the trademark and a description by word of the mark.

    Translated copy of documents other than Hindi or English.

    Power of attorney including the name and status of the executants is submitted. It is however not required to be notarized or legalized


In case the trademark is non-registered, then the applicant is not liable to use symbol TM. As a result of which there might be chances of forgery or fraud. Hence it is advisable to register the trademark.

Duration of Trademark registration in India

The duration of trademark registration in India is 10 years. The applicant can get it renewed and extended for next 10 years.

Fee charges for Trademark registration in India

The fee charged for new Trademark registration in India is INR 4000/-. In order to renew the Trademark , the applicant needs to pay a fee of INR 5000/-.

Similar Trademark

Indian Trademarks Act 1999 approves and registers a trademark only under the pretext of its uniqueness and validity. Before heading forward to Trademark registration, one needs to undertake a Trademark search via www.ipindia.nic.in (Indian Trademark Registry’s Website).

Objections

Section 11 objections are raised by the Examiner or Registrar in the Trademark Office in India,when there is an identification of similar trademark which already exists, identical and is already registered in the Trade Mark registry. A computer generated search report along with the conflicts is issued. A response, effective arguments and submission should be made within a period of one month from the date of receipt of Examination report in written format post which he/she is required to be present in the hearing of the case to justify his/her clarifications.


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