Trademark Registration in India An Evolving Landscape
Due to day to day competition in market, business entities are facing issues to survive. In order to secure a brand name and identity of the business, It is a very important tool. Selecting a unique brand name is a time consuming process but it creates goodwill in long run.
It is mainly concerned with registration of a name of a Company.
Following below mentioned things can be Trademark:
- Word
- Logo
- Mark
- Symbol
- Sign
- Graphic
Following below mentioned terms cannot be trademarked:
- Names/ Surnames
- Numbers (Case Law: Radico Khaitan Ltd v. Carlsberg India Pvt Ltd)
- Geographical Location
- Colour
- Sound
- Smell
- Characteristics of Goods or Services
- Deceitful
- Anything which is hurtful to religious sentiments
- Scandalous matter
- Prohibited under the emblems and names (Prevention of improper use) Act, 1950
- Identical Products
- Contrary to law
What is Trademark Registration?
It is mainly a symbol, word, name, or a logo which represents business. It is basically used to distinguish goods or services of one business from the other business.It provides identity to the goods or services. It also helps in distinguishing the goods from the goods of its competitors.
Here are the following features of the Trademark:
- It helps in identification of the goods or services.
- Creates goodwill
- It also helps in advertisement of goods or service.
Trademark Registration Authority
- In India, an application is filed with the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.
- The process of Trademark Registration is done on the basis of the Trademark Act, 1999.
- In case of Trademark infringement, it provides right to owner to sue for damages.
- After filing of a Trademark Application, one start using "TM" symbol.
- Registry takes 18 to 24 months to complete all other formalities.
- After registration and obtaining registration certificate one can use the registered symbol next to the Trademark.
Validity
It is valid for 10 years from the date of the registration. After this, one can apply for renewal.
Who can apply for the Trademark?
Following are eligible:
- An Individual
- A Company
- A legal Entity
What are the documents required for filing Trademark Application?
- A Copy of a trademark or logo
- Detail of the Individual and Certificate of Incorporation in case of Company
- Details of the Goods in relation to which registration is required
- Power of Attorney signed by the applicant
What is the procedure of Trademark Registration?
Trademark Search
The first step is to verify that whether it is already a registered trademark or not. For search there are two types of search such as online and offline.
Trademark Application
This application is drafted and filed by the Trademark Attorney. After filing of an application, TM symbol can be used.
Trademark Registration
After filing of an application, authority will verify it and in case of no objection raised by the authority advertisement will be published in Trademark Journal.
If there is no objection in next four months then trademark will get registered.
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