Trademark

Trade Mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.
Trade Mark provides an identification of the source of

• Goods or its manufacturer.
• Services or its provider.

to distinguish the product or services from those of others.

In nutshell, Trade Mark is a “badge” of trade origin and used as a marketing tool so that customers can recognise the product/ service of a particular trader. Mark is a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

• Corporate name1
• Corporate name2
• Product name
• Logo
• Punchline

A mark which has become so to the substantial segment of the public which uses such goods or receive services such that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.

For Example: Nike, Mercedes Benz, Coca Cola, Crocin, Taj Hotels

Current list of well-known marks is available at  shorturl.at/dinvI

Now, one can file an application (TM-M) for delcaration of his mark as well-know mark alongwith filing fees of Rs. 1,00,000/-

1. To be registered, a trademark must be:

• Distinctive for the goods and services.
• Not similar or identical to any earlier marks for the same or similar goods and services.
• Non-descriptive.
• Not contrary to law or morality.

2. If it is a word it should be easy to speak, spell and remember.

3. The best trademarks are invented words or coined words.

4. Avoid selection of a geographical name.

5. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc).

Rule 20 of the Trade Marks Rules, 2017 deals with Classification of goods and service. Classification of goods and service for the purpose of registration of trademark, the goods and services shall be classified as per current edition of “the International Classification of goods and services (NICE classification)” published by the World Intellectual Property Organization (WIPO).

Current NICE Classification is available at:
shorturl.at/tLSVY

Very briefly, an application for registration of trademarks can be filed either online or offline. The offline application can be filed before the IP head office at Mumbai or its branches at Delhi, Kolkata, Chennai and Ahmedabad, according to the territorial jurisdiction in which the Applicant having its principal place of business. Upon receipt of Applications, the Registrar of Trade Mark examine the same mainly with regard to the distinctiveness, possibility of deceptiveness and conflicting trade marks. Normally, it takes around eight to twelve months from the date of filing the application. The IP office aim to reduce this period to one month by 2017. Upon issuance of the examination report, the applicant will get an opportunity to remove the same by filing written submission along with documentary evidence of use or distinctiveness. The Registrar of Trade Mark will consider the written statement and evidence of use or distinctiveness and decides whether the application should be accepted for registration or not. If not accepted then another opportunity for removal objection is given by way of personal hearing; and if accepted then the application will be published in the official gazette i.e. Trade Marks Journal. Within a prescribed period of four months any aggrieved person can file an opposition against the application. Opposition proceeding is like a civil suit wherein both side will submit their written submission and evidence followed by hearing. Any decision of the trade mark office can be appealed before the High Court. Normally, the registration of trade mark takes around eighteen to twenty months from the date of filing the application provided no objection(s) and/or opposition(s) are filed against the application.

For Trademark registration flowchart Click here