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HOW TO DO Trademark Registration IN INDIA?

HOW TO DO Trademark Registration IN INDIA?

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,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 the right to sue for damages when infringements of trademarks occur.

If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "trademark" is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own trademark, if your business is applicable for the same.

Documents required

A soft copy of the logo in JPEG format.

TM 48 (form of authorization).

Date of first use of the mark.

Name and address of the proprietor of the mark.

Required fee.

Types of trademarks available

- Names, including your own name or surname.

- An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.

- Letters or numerals or any combination.

- Symbols

- Monograms

- Combination of colours or even a single colour 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.

What does the register of trademark contain?

Currently maintained in electronic form, the trademark contains the following:

- The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.

- Address of the proprietors.

- Particulars of trade or other description of the proprietor.

- The convention application date (if applicable).

- Place where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.

How to make a trademark application?

You can make an application for a trademark on Form TM-1 with the prescribed fee of Rs 2,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where you reside or have your main place of business.

You will need to do a pre-filing search before filing your trademark.

Once you register your trademark, you will be issued an official receipt with a TM number.

Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.

Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.

As you defeat objections raised by the registrar, your application is then published in the Indian Trade Marks Journal, with an endorsement stating either that it has been accepted or that it is being published before acceptance.

Once it is published, any person has three months (which can be extended to a month at the registrar's discretion) to file a notice of opposition to registration.

Acceptance or refusal of your trademark application will be considered once the opposition proceedings have been completed.

Duration of trademark

The term of registration of a trademark is 10 years. This may be renewed for a further period of 10 years on payment of the renewal fees.

Costs for trademark transactions

To file a new application there are set forms depending on the nature of your application. The forms are numbered as TM-1, TM-2, TM-3, TM-8, TM-51 etc: Rs 2,500

To file a notice of opposition to oppose an application published in the Trade Marks Journal a (FormTM-5): Rs 2,500

For Renewal of a registered trademark (Form TM-12): 5,000

Surcharge for late renewal (Form -10): Rs 3,000

Restoration of removed mark (Form TM-13): Rs 5,000

Application for rectification of a registered trademark (Form TM-26): Rs 3,000

E-filing of application

E-filing of a trademark application is a new service provided by the trademark registry office on its website. With it, you can:

- Complete an electronic application form.

- Provide the associated attachments.

- Complete necessary payment details.

What is the benefit of e-Filing?

You will immediately:

Receive a trade mark application number

Online verification to assure error-free filing and obtain your filing date

Speed up the registration process

Print the completed application data and receive fee acknowledgement

Save the data locally in your PC

Be able to recall your contact details for subsequent applications

You can also view online history and status of the applications filed by clicking "Status of Filed Application" and the online status of e-Payments.

Using the "" symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol in India.

Contact:

Trade Marks Registry, Mumbai (head office)

Intellectual Property Bhavan, Near Antop Hill Head, Post Office, S M Road , Antop Hill, Mumbai 400037

Tel: 022-24101177, 24148251

(Jurisdiction: Maharashtra, Madhya Pradesh and Goa)

P H Kurian, controller general of patents, designs and trademarks, Bhoudhik Sampada Bhavan, Near Antop Hill Head Post Office, S M Road, Antop Hill, Mumbai-400037,

Phone: 022-24132735, Fax : 022-24123322

Website: www.ipindia.nic.in

If you need more details on the procedures mentioned above, email us at toi.goa@timesgroup.com with "@ your fingertips" in the subject line. You can also write to us at: At your fingertips, c/o Times of India, Vivenda de Hassan, D Bandodkar Road, Miramar, Panaji - 403001

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HOW TO DO Trademark Registration IN INDIA?

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,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 the right to sue for damages when infringements of trademarks occur.