TRADEMARK
TRADEMARK
Trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999
To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.
Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
IMPORTANCE OF REGISTRATION OF TRADEMARK
- It provides legal protection against the fake and fraudulent products.
- The customer can easily identify the product because of its name or logo.
- It creates an intangible asset for the owner, which has an ability to be transferred, sold or franchised.
- Trademark creates trust and goodwill in the minds of the customer because of which many customers are loyal to the product.
WHO CAN FILE A TRADEMARK APPLICATION IN INDIA
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.
WHAT ARE THE DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION IN INDIA ?
The minimum documents and information which are required for filing a filing trademark application in India is as follows:
- The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners
- A list of goods and/or services for which registration is required
- Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise
- Soft copy of the trademark to be registered
- Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation
TYPES OF TRADEMARK
A trademark may be divided into the following categories:
1. Product Mark:
A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services. It is used to Mark.
2. Service Mark:
A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services. It is used to Mark.
3. Collective Mark:
These are the trademarks used by a group of companies and can be protected by the group collectively. Collective marks are used to inform the public about a particular characteristic of the product for which the collective mark is used.
4. Certification Mark:
It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics.
5. Shape marks:
According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging, so long as it is possible to graphically represent the shape clearly.
6. Pattern Mark:
These are the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings. Such goods/services are registrable as Pattern Marks.
7. Sound Mark:
Sometimes, the sound that plays in the advertisement becomes so well known that when people hear it they immediately know what product/service it refers to. In such cases, the sound may be regarded as a trademarkand is eligible for registration.
PROCEDURE FOR TRADEMARK REGISTRATION IN INDIA
- STEP1: Trademark Searches
- STEP2: Trademark documents Drafting
- STEP3: Trademark Application Filing
- STEP4: Examination of Trademark application
- STEP5: Publication of Trademark Application
- STEP6: Trademark Registration
FEES AS PER FIRST SCHEDULE:- TRADE MARK RULES 2017
Entry No | On what payable | Amount in INR | Corresponding Form Number |
---|---|---|---|
1 | Application for registration of a trademark/collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes. | 5,000 (Physical/E-filing) | TM-A |
In all other cases (Note: Fee is for each class and each mark) | 10,000 (Physical) / 9,000 (E-filing) | ||
2 | On a notice of opposition or application for rectification, invalidation, or counter statement. (Fee is for each class opposed or counterstatement filed) | 3,000 (Physical) / 2,700 (E-filing) | TM-O |
3 | For renewal of registration of a trademark under section 25 for each class. | 10,000 (Physical) / 9,000 (E-filing) | TM-R |
Application for renewal with surcharge of registration of a trademark under section 25(3) for each class. | 5,000 Plus renewal fee | ||
Application for renewal with surcharge/restoration under section 25(4) for each class. | 10,000 Plus renewal fee | ||
4 | On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark. | 10,000 (Physical) / 9,000 (E-filing) | TM-P |
On application for certificate or approval under various sections, conversion, or advertisement of assignment. | 3,000 (Physical) / 2,700 (E-filing) | ||
On application for extension of time for applying for direction or other modifications under sections. | 2,000 (Physical) / 1,800 (E-filing) | ||
On application for dissolution of association, address change, or request for cancellation under section 58. | 1,000 (Physical) / 900 (E-filing) | ||
5 | Application under section 49 to register or modify a registered user of a trademark or other variations. | 5,000 (Physical) / 4,500 (E-filing) | TM-U |
6 | Request for search and issue of certificate under rule 22(1). | 10,000 (Physical) / 9,000 (E-filing) | TM-C |
8 | On application for registration of a person as a trademark agent under rule 147 & 149. | 5,000 (Physical) / 4,500 (E-filing) | TM-G |
For continuation or restoration of the name of a person as a trademark agent under specific sections. | 5,000 Plus continuation fee |
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