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TRADEMARK REGISTRATION

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Trademark Registration Delhi

What is a trademark?

A trademark is a visual symbol which can be characterized as a signature (word), label, device, numerals, name, color combinations which is being used or proposed to be used by an organization so that they can distinguish their goods or services from that of the other organization's similar goods and services.

Legal Requirements for a Trademark:

The mark should be capable of being represented graphically

It should be capable of distinguishing goods or services of one organization from those of others

Who can apply
for a trademark?

Any person claiming to be a proprietor or an owner of mark of goods and services can file an application for registration of a trademark which he is using or intends to use.

Trademark Registration Process
Trademark Search
Time Frame 1 to 2 Hours
Drafting & Filing
Time Frame 3 to 4 Working Days
Trademark Registration
Time Frame 18 to 24 Months
Documents Required
Wordmark / Logo
Proprietor's Details
Power Of Attorney
benefits of registering a trademark

FAQs on Trademark

A trademark is a visual symbol which can be characterized as a signature (word), label, device, numerals, name, color combinations which is being used or proposed to be used by an organization so that they can distinguish their goods or services from that of the other organization's similar goods and services.
Legal Requirements for a Trademark:
  • The mark should be capable of being represented graphically.
  • It should be capable of distinguishing goods or services of one organization from those of others.
If your selected trademark is a word, it would be better if it's easy to remember and spell. Selected trademark should be unique and it is recommended to have a market survey to make sure no such similar mark exists. Restrain from using praising, commending and flattery words such as perfect, best etc.
Trademark not only identifies the goods or services of a particular undertaking, it also advertises and creates an image of the goods and services in minds of the consumers. It informs the public about the origin of the trademark and also guarantees them that all the products with the same trademark have the same quality.
Any person claiming to be a proprietor or an owner of mark of goods and services can file an application for registration of a trademark which he is using or intends to use.
  • Search of trademark- An applicant who wishes to Treadmark Registration in Delhi first should conduct the trademark search on the data base. This search is useful as it provides the information relating to various trademarks similar to the applicant's trademark that has already been filed with the trademark registry.
  • Filing of Trademark- Application for the registration of trademark shall be filed with the Registrar of trademarks. The Trademark application shall be filed in the prescribed manner with the required fee at one of the five Trademark Registrar Office having jurisdiction over the State.
    • Trademark Application should contain the following information:-
    Name of the owner of the trademark
    Class under which the trademark falls
    The user date and services
    The logo or word mark which is to be registered
    Applicant's information such as address, email, contact number, trade description, agent's name and address.
    Examination report by the registry- After the submission of the trademark application, the trademark registry issues an examination report.
    Examination report's reply- After the registry issues an examination report; a reply is to be sent within one month from the date of receipt. The trademark gets registered in the trade mark journal if the registry is satisfied with the reply.
    Advertisement in the trademark journal- For the purpose of inviting public to file an opposition against the published trademark, trademark registry advertises it in the journal.
    Opposition: 4 months time period is given to file an opposition from the date of publication of the trademark journal.
    Registration of the Trademark- If no opposition has been filed within 4 months from the date of publication of the trademark journal, the application moves forward for registration.

Collective trademark: The associations, organizations, groups get the collective trademarks registered in their name for the purpose of using that trademark collectively to specify their membership to that particular association, organization or group.
Certification trademark: These are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features
Service mark: Service mark is used to identify services provided by an organization from that of the other organization. Some examples of service marks are Vodaphone, Aircel, Sony TV etc.
Product Mark: A product mark is used to identify the products or goods of one organization from that of the other.
Shape mark: Shape marks signify trade dress which can be distinguished on the basis of packaging.
Pattern mark: In these types of marks, pattern is used to distinguish the goods of one entity from that of the other.
Sound mark: In these types of marks, mark consists of sound graphics that distinguish the goods of one entity from that of the other.

It helps and guides the consumers from differentiating the goods of one entity from that of the other.
It facilitates the advertising of goods and services.
It protects the goodwill of the owner of a trademark.
If a trademark is registered, the proprietor has a remedy in case of an infringement as he can sought civil and criminal relief.

For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/-
To file a Notice of Opposition to oppose an application published in the Treadmark Registration Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
Restoration of removed mark (Form TM-13) Fees: 5,000/-
Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
Preliminary advise of the Registrar as to the registrability of a mark (Form TM-55). Fees: Rs.500/-
Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000.

The Trademarks Act, 1999 and rules made thereunder.
International multilateral convention
National Bilateral treaties
Regional Treaties
Decision of Courts
Decisions of Intellectual property Appellate Board
Textbooks written by academicians and professional experts

An applicant can request the trademark registry for the amendments in the trademark application by filing form 16 along with the prescribed fee and documents.
Once TM 16 form is submitted, the registry will upload the form in its system.
By submitting TM 16 form clerical and other errors relating to the trade description, proprietor details and other information relating to goods and services can be rectified.
Can a registered trademark be removed from the register?

Trademark can be removed in India on the ground of non-use. Section 47 of the Indian Trademark Act says that if it is proved that the trademark was not into use 3 months prior to the date of application, or on the ground of continuous non-use for the period of 5 years and 3 months from the date of issuance of the registration certificate.

Trademark registration is not mandatory in India. But it is advisable to get your trademark registered for the purpose of protecting the trademark in case of infringement.

For unregistered trademark
For registered trademark
For service mark

Signature
Slogans
Names
Devices
Invented words
Numerals
Combination of colors
Sound marks
Shape of goods
Letters

Yes 3 D marks can be registered in India under the Indian Trademarks Act.

Yes sound or smell can be registered in India under the Indian Trademarks Act.

Yes domain name can be registered in India under the Indian Trademarks Act.

Descriptive trademark cannot be registered in India under the Indian Trademarks Act.

Service mark is used to identify services provided by an organization from that of the other organization. Some examples of service marks are Vodaphone, Aircel, Sony TV etc.

The associations, organizations, groups get the collective trademarks registered in their name for the purpose of using that trademark collectively to specify their membership to that particular association, organization or group.
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