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Trademark is a sign, logo, name or mark, used to distinguish the goods or services of one person from those of others. Trademarks related to goods and services are administered by the Trade Marks Act, 1999. Trademark registration is valid for 10 years and the registration can be renewed every 10 years thereafter upon payment of renewal fee.
We can assist you with the following:
- Preliminary searching of existing trademark by conducting trademark searches so that applications are not rejected on grounds of repetition of already existing name.
- An application for the filing or registration of trademark so as to enable exclusive legal rights to the owner of the trademark. Simultaneously, examination of application by the Trade Mark Registry (TMR).
- Filing as well as responding to oppositions raised on the registration of trademark by trademarks office (TO) or any other party. Preparing responses for TO actions and attending opposition hearings whenever required.
- Publication of the mark in the Trademarks Journal. Rendering monitoring services so that marks published in the Journal can be monitored and protected from being copied or infringed.
- Handling trademark registration issues and suggesting corrections or amendments in the application, if any.
- Preparation of renewal instruction letter for trademark renewal and forwarding the same to TMR for updating docket records.
- An application for registration may be made by any person who is registered with Intellectual Property India online and wants to protect his / her mark for such goods and services for which he is using or intends to use the mark.
- The owner / proprietor must have the intention to use the mark at the time of filing the application.
- Foreign proprietors can also apply for registration of trademark if substantial decisions are undertaken in India.
- An application for registration can be filed in that TO in whose jurisdiction the principal place of business falls. But if the principal office is not in India then the applicant can file the application in the TO in whose jurisdiction the lawyer / attorney appointed by the applicant is situated. In case it is the company which is yet to be formed then anyone can apply for the registration on behalf of the company.
Who can apply for trademark?
Our organization can assist you throughout pre-registration trademark process. From preliminary searching of registered trademark to acceptance of registration of the trademark, our team of experts will execute all the steps and make the process hassle-free for you.
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.
The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark.
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Combination of colors or even a single color in combination with a word or device
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.
No, registration of a Trademark is not mandatory in India but it is always advisable to do so for protection of your mark and business as well.
At MAS, we can assist you throughout pre-registration trademark process. From preliminary searching from registered trademark to acceptance of registration of the trademark, our team of experts will execute all the steps and make the process hassle-free for you.