How to register a trademark in India

How to register a trademark in IndiaTradeMark India

The procedure for registering the trademark should be as provided in the Trade Marks Act 1999. Any person who claims to be the proposer of a trademark can apply to the registrar to get his trademarks registered in any of the five registries at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad according to the jurisdiction. The trademark application can be made in respect of one or more categories of goods or services prescribed under Schedule IV of the Trademark Rules 2002. The application which is subject to the scrutiny of the Register should be published in the Trademark Journal within six months from the date of acceptance by the Register. When the registrar finds that the mark is not in conflict with any of the pending applications or the previously registered marks and it is satisfied that it is not liable to be opposed under sections 9, 11 and 18 of the Trade Marks Act 1999 it can be registered as a trademark.

The Trademarks can be registered for a period of 10 years which can be renewed for another term of 10 years on payment of a prescribed fee. But if the person is not using the trademark continuously for a period of 5 years then it could be cancelled.

How to register a trademark in Mumbai

The government had made the Trademark office in Mumbai as the head of the trademark registration in India. Maharashtra, Madhya Pradesh, Chhattisgarh and Goa comes within its jurisdiction.

The procedure for registering the trademark in Mumbai starts in with the inquiry of any similar trademark as in every case. The application can be made in the Trademark Registry in Mumbai. The Registrar shall examine the application. After its publication in the trademark journal the third party can make an opposition within three months which can be extended to another 30 days for the maximum which the registrar is bound to decide. When it comes to the knowledge of the Registrar after careful analysis that there is no proper ground for opposition then the Trademark Registration Certificate can be granted.

How to register a trademark in Chennai

The Chennai Trademark Registry has the jurisdiction with respect to the states of Karnataka, Tamil Nadu, Andhra Pradesh, Kerala, Pondicherry and Lakshadweep. The application must be made to the Trademark Registry, Chennai as per the same procedure for registering the Trademark in India.

Trademark Registration in other areas

The Trademarks Registry, Delhi is having jurisdiction over Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Delhi and Chandigarh. Whereas the Kolkata and Ahmedabad is having jurisdiction over Assam, Arunachal Pradesh, Mizoram, Bihar, Orissa, West Bengal, Manipur, Mizoram, Sikkim, Tripura, Nagaland, Andaman-Nicobar islands and Gujarat, Rajasthan, Daman-Diu, Dadra-Nagar Haveli respectively.

What Marks can Easily Trademarked

What Marks can Easily Trademarked

Any name including the personal name, surname, predecessor’s name or signature of the person can be used as trademarks. An individual, business organization, or any legal entity can be the trademark owner. A trademark can be located in a package, a label, a voucher or on any product itself. It can also be displayed on company buildings.registered trademark

Keep in mind that trademarks  should be apt for the business. Trademarks serve to identify a particular business as the source of goods or services. It can also be any invented word or arbitrary dictionary word which does not directly represent the general quality of the products. Apart from these any letters or numerals or any combination thereof, devices, monograms, combination of colors or combination of colors and words, graphically represented sound marks, 3 dimensional signs and shape of goods and their packing can also be used. What Marks can Easily Trademarked

If you need a legal consultation with our trademark attorneys, or if you have any doubts on how to choose a Trademark, or what marks can be Trademarked, just call us on 9847182002 or fill up the contact us form.

How to choose a Trademark

how to choose a trademarkhow to choose a trademark

The important step  of every business is their brand name, there are lot of discussions about how to choose a trademark, Trademark is usually regarded as a visual symbol a design, emblem, picture emblem or logo which is used by a particular company to make their products distinct from similar products made by other companies. We can’t trademark a symbol or a design of other companies, that will affect our companies reputation.

Keep this in mind while choosing a Trademark

Do we remember anything which is hard or difficult for us? Absolutely no. So the trademark should be very easy to remember.

A Repetition? A trademark should make itself distinct from the similar trademarks.

What about a geographical name? We do not have right over a geographical area.

Image on hearing the name. The trade marks should be such that we should have an idea about its image or structure on hearing its name or seeing the logo.

The trademark should not create confusion in the mind of public and it should be in public interest.

A trademark that have no relation to your company or company product is very bad, many companies have logo that has no relation to their product or brand, your trademark should attractive to your consumers. So make sure that our trademark is meaningful and related to our business.

Trademark Renewal Service

trademark renewal serviceWe at Biz & Legis provide services for renewal of once registered trademarks. The brand owner of a particular service can be identified using the trademark. A trademark after registering it with the Trademark Registry has to be renewed every 10 years. Otherwise your trademark would be at the risk of removal from Trademark register. Big and Legis will help you in your trademark renewal service. We also provide you the facilities like informing next renewal date which help you in checking your trademark expiry date. Trademark renewal service can only preserve the rights which are available only to a registered mark.

Avail Trademark Renewal Service and protect distinctive Trade sign

For your trademark to be in force, renew it at the 10th anniversary of its registration. Thereafter every ten years as long as you want it to be in service. We provide renewal services of trademark. Enjoy the benefits of a trademark uninterruptedly. Try to monitor the expiry date of your Trademark. You may loose ownership of a Trademark if have failed to renew your registered trademark. You can avail trademark renewal service from Biz and Legis. Our attorneys will inform you before your next renewal date. If you have already lost or registration got cancelled due to non renewal, Just contact our online attorneys or clear your doubt over phone.

For more details you may also read on Trademark Renewal India or contact our attorneys at 9847182002 for getting a trademark renewal service.

Business Trademark Registration

Registering a business or procuring a license to run your business does not automatically grant you protection for your business name. For example, after months of planning, and frantically running everywhere to get your hands on capital, stock and proper furnishing you start your business under “abc proprietors”. With your devoted attention and whole hearted efforts you build up your business within a few years. But when you are ready to demand goodwill in the market, you are startled to find another business with the same business name “abc proprietors” running alongside you or in another locality. What would you do? You waste your precious time; energy and money which you could have put into more fruitful work on verbal arguments with your competitor or engage an expensive lawyer to do that for you.

Business Trademark Registration to avoid legal battles

Why take the risk? Simply registering your business does not grant you any proprietary rights on your business name. Competition would intensify after you start prospering. So armor yourself with trademark registration to protect you from unnecessary, time consuming and expensive legal battles.

Registering your business name alongside when you procure a license would grant you added advantage of planning beforehand years of expansion. Trademark search would protect you from unexpected surprises of finding another equally developed business with the same trade name.

For queries connected to business trademark registration and business trade name registration contact Biz and Legis. Call us on 9847182002.

Trademark Registration Kerala

Trademark is an identity of your business. And trademark registration is part of reputation and protection of any business. It’s your intellectual property. Many believe that getting a trademark is an easy job. To an extent it’s true, but getting an appropriate name which perfectly carries on your business identity is important. For start-up projects much thought has to be given for an apt name. It should carry the right impression to your potential clients and market. We should think not only in terms of the present state of our business, but in terms of how do you see your business shaping up ten years down the lane. Thus one should be a visionary while thinking about trademarking your business. After some time, the same trademark would be economically much valued than your entire stock and would hold your reputation and goodwill in business.

Contrary to popular belief, trademark registration should not be taken lightly. A trademark represents your business, your sweat and blood, your baby. It’s an Intellectual Property of yours. A name or a mark for your particular brand or for your whole business or for a line of production in your business should be taken after serious inquiry and forethought. Much planning should be given before taking the step because for all the coming years your business would be represented by that name. You should not suffer nor your businesses for a careless step you have taken or your trademark registration providers have taken while registering the mark/name.

Trademark Registration Kerala by Biz and Legis

We are a leading law firm in Kerala with a trademark wing and intellectual property attorneys. We can be trusted with your hard earned business. We will provide you the services like Trademark registration in Kerala, Trademark filing, trademark search – for checking any others have similar names or if you are an already established name, if any have violated your rights or making untoward profits with your name, trademark application and document preparation, and any other legal services like trademark prosecution, trademark infringement etc. We respect your business and more importantly we respect your hard earned name behind that business. Just contact us for Trademark Registration Kerala. Just call us on 9847182002.

How long does trademark registration last

How long does trademark registration will last

how long does trademark registration last

A trademark registration can last for an unlimited term if the owner continues to use the mark to identify the goods or services.

The usual term of a federal trademark registration is ten years. However, the registration can be kept alive by following certain terms of renewal. Between the fifth and sixth year after the date of the first trademark registration, the owner must file an affidavit and by paying an added fee to keep the registration alive. The registration gets cancelled if the owner misses to file an affidavit. However, the owner gets a grace period of six months to file an affidavit after the completion of sixth or tenth year, by paying an extra fee. You can read more on how long does trademark registration last or you can know more from from WIPO.

Protect the distinctive sign representing your business because it’s legal protection and ownership is very important for your business and trade. Your sign functions as indicating factor for your goods and services. Use proudly your trademark with your goods and services after registering it. Because your trademark is your identity and it differentiate your good from other providers and competitors.

What is a service mark

A service mark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term ‘trademark’ is often referred to both trademarks and service marks. If you understand what is a service mark trademark and wish to get a detailed consultation or guidelines on it, just contact our trademark attorneys.

Trademark Registration Procedure in India

Examination of Trademark Application in India

Role of Trademark Attorney in Registration

When and how can one party use another’s trademark

Generally, trademark rights merely regulate commercial use of the name. A trademark can be referred by a person for a legal, non-infringing motive as long as no more of the trademark is used than what is necessary for the purpose.

The trademark version of the “fair use” doctrine protects the trademark from unfair uses as is done by marketing competitors. Trademark owners set their own policies themselves as to how their trademark may be used. Following are some conventional ways in which a non-owner might be authorized to use a trademark:

  • Use correct trademark and service mark symbols-The symbol ® be used only if the trademark is federally registered and it must be placed after the trademark name. It is not legal to use the symbol if the trademark is not federally registered with the USPTO. Instead TM   must be used for trademarks and SM   for service marks.

As the trademark appears in the USPTO registry, the trademark should not be abbreviated, hyphenated or misrepresented in any additional ways which would mislead or puzzle the customers. Hope you understand When and how can one party use of another’s trademark.

What is a trademark specimen related to services

What is a trademark specimen and how does it related to goods and services

To register a trademark federally a proof (specimen) has to be submitted before the U.S Patent and Trademarks Office (USPTO). It should be an original example that clearly shows how the trademark will be used relating to the goods or services mentioned in your application.

  • PRODUCTS OR GOODS SPECIMEN

If your business is products related, agreeable specimens include photographs of packaging labels, clothing tags, or labels on your products containers that apparently display your trademark.

  • SERVICES SPECIMEN

In case of providing services, a sign, business card, website, brochure, advertisement etc connected with the service mentioned in the application can be submitted as specimen before USPTO. It must be ensured that a specimen has a reference to the service mentioned in the application. If you wish to know more about what is a trademark specimen related to your services, just call our trademark service wing.

 

How do I know if I need trademark or copyright protection

Trademark and copyright registrations are both ways of protecting your intellectual property rights. However, there are certain basic differences between the two.

Trademark or Copyright Protection

Copyrights are a mode of protection for the authors of “original works of authorship” which include literary, artistic, musical, dramatic, and few other creative works. Copyright does not shield intellectual property such as titles, names, short phrases and slogans or mere contrast of typographic ornamentation, lettering or coloring. These kind of intangible properties are more adequately protected by trademarks.

A trademark shields a word, phrase, symbol or design that recognizes and characterizes different goods or services.

However, certain things such as complex logos require both trademark and copyright for its protection. Call our trademark desk can know more on How do I know if I need trademark or copyright protection.

Is Indian Trademark registration valid outside India

Is an INDIAN Trademark registration valid outside the INDIA

An Indian trademark is valid only in India though the application made in India can be used for trademark registration in other countries. A trademark registered in India cannot get protection in foreign countries. A separate application has to be filed in each of the countries where the business is intended to be run. Convention priority can be claimed if the foreign application is filed within six months from applying for Indian registration.

For knowing more on Indian trademark registration validity, contact our trademark attorney get free consultation on Indian trademark registration validity outside India.

How can the application for registration be opposed

A trademark registration process includes publication of the trademark to check for oppositions from the public or other trademark owners. Through this publication third parties get a chance to contest the application to obstruct the trademark from being registered. Third parties can bring opposition measures to guard their own brands and trademarks, depending on the circumstances. If no trademark opposition is filed then the trademark progresses for its registration.

Do I need to register my trademark

Trademark Registration Need

You can build rights in a mark by authentic or legal use of the mark. However, owning a federally registered trademark would do well to your business. Following are the several advantages you enjoy if your trademark is federally registered.

  • Effective notice to the public of the registrant’s claim of the ownership of the trademark.
  • A legal identity of the registrant’s ownership of the mark and his right to use the mark throughout the nation in relation with the goods or services mentioned in the registration application.
  • The ability to bring an action in the federal court with regard to any infringement of the rights over the mark.
  • The right to use the US registration as a ground to obtain registration in foreign countries.
  • The right to file the registration with the Customs service to prevent import of infringing foreign goods.

Need of Registering a Trademark

How long does it take for a trademark to be registered

It takes about 12 to 18 months to get the trademark application processed and registered. It depends on various factors like objection from Registry or third parties.

What is considered a trademark conflict

A trademark distinguishes a business, company, product or service from those of its competitors. Similar trademarks or designs often mislead consumers worldwide.

When a third-party is found to be using a trademark similar to yours, there are chances of the business owner getting involved in a trademark conflict. Thus, it is a conflict between two companies or business over similar trademarks.

Why do I need to search other trademarks

Why do I need to search other trademarks

It is always advisable to determine whether another business or a company already has the trade mark which you intend to use for your business. It must be ensured so that you don’t violate any other trade mark rights.

In case you are found to be a violator then you could be forced by the law to stop using the trademark, which is the least punishment you could get. The punishment in such cases is often decided depending upon how long and how well you had used that trademark in your business.

Such punishments could be costly as you will have to change your products, brochures, name plates etc related to your business.

In case of violation of a globally registered trademark then the court would assume that you already knew about it before using it improperly. In such instances the punishment would be higher.

Also Read  – Role of Trademark Attorney in Registration

Indian trademark Act – Criminal Offences

What all are the criminal offenses under Indian trademark Act ?

Registering a Trademark gives the owner exclusive right over the mark for his goods/services. A person whose mark is registered can place ® near the mark, but using this symbol near an unregistered mark is an offense. A registered trademark being infringed can bring legal action against the infringer. The police can take legal action against the person who is infringing the rights of the registered user. An action can be taken for an unregistered trademark through common law of passing off. To proceed with passing off the burden of proof is heavier then the infringement.

A suit of infringement can be filed before the District Court or High Court, within the territorial jurisdiction. The owners have the right to initiate criminal prosecution against the infringers. The Act recognizes that criminal complaints can be filed for falsifying and falsely applying Trademark, applying false description, applying false indication of countries origin etc.

The Code of Criminal Procedure provides imprisonment starting from 6 months which can be extended to three years or fine of fifty thousand which can be extended to two lakhs or both.

Trademarks Licensing and Assignment in India

What is the difference between licensing and assignment of Trademarks in India ?

Trademark Licensing in India

A trademark license can be defined as an agreement whereby the trademark owner authorizes another person or persons to use a mark. A trademark license usually, but not necessarily, contains several conditions such as exclusiveness,  consideration, quality standards, the way  in which the trademark may be used and consideration, quality standards, the way  in which the trademark may be used. Recordal of trademark Licensing is not mandatory in India. If the mark is registered then a Registered User Agreement can be recorded with the Registrar of Trademarks. It is advisable to record the registered user agreement, as the User may not be able to initiate any Legal proceedings independently. The Trademark License is given for a specific period of time, at which the Trademark owner can transfer certain rights to a third party by way of License. Trademark License is given for a specific period of time, at which the Trademark owner can transfer certain rights to a third party by way of License.

Trademark Assignment in India

An assignment is a transfer of ownership of a trademark application or trademark registration from one entity to another. Section 2(b) of the Trademark Act 1999 describes an assignment as assignment in writing by the act of the parties concerned. Section 37 of Trademark Act gives the right of a registered proprietor to assign the Trademark for any consideration. The Trademark on being assigned gives the complete right over the mark to the assignee. Recordal of assignment with the Trademark Registry is compulsory in India. Recordal of assignment becomes compulsory as there is change in ownership of the Trademark, and all the rights of the mark automatically devolve to the new owner.

The difference between Trademark Assignment and Trademark License are:-

1. Assignment of a Trademark basically means selling the complete ownership. Licensing of Trademark means renting of the Trademark.

2. The assignment deed must be compulsorily in writing. License is not required to be in writing.

3. Assignment of Trademark can be made wholly or partly, License is giving the rights for a specific period of time

4. Assignment of trademark is not time sensitive, ones assigned the ownership is completely gone. Licensing is only for a limited period of time.

Indian Trademark Registry

All the applications pertaining to Trademark is filed at Trademark Registry. The trademark registry is governed by the Central Government. There are five Trademark Registry in India with Mumbai as the head office all others as its branches. The four branches are Delhi, Kolkata, Ahmedabad and Chennai. The government has prescribed territorial limits for the respective Trademark Registry. The register of the Trademarks will contain all the details including names, address, description of registered user etc., the Registrar has full authority to keep the information fully in disks, floppies or any electronic medium.

The Trademark applicant must select the Trademark Registry as per the jurisdiction of the Registry. The jurisdiction of each registry is checked with the applicant’s place of business or residential address. If you wish to know more about Indian trademark registry, or any related topics feel free to call trademark attorneys of Biz and Legis.

History of Indian Trademark Law

The Trademark Act 1940 was the first statute law on Trademarks in India. Prior to this Act Trademark was governed by common Law.Registering a Trademark was obtained by giving a declaration to ownership under the Indian Registration Act 1908. The above said enactment was amended by Trade Marks Amendment Act 1943. Initially the Trademark registry was a part of patent office, which was later separated to constitute a separate trademark registry. Thereafter the Act was amended by the Trade marks Amendment Act 1946.

The Trademark Act 1940 was replaced by the Trade and Merchandise Act 1958. The Trade and Merchandise Act 1958 was brought into force on 25th November 1959. Later on few minor amendments were carried repealing and amending Act 1960.

The Trade and Merchandise Act, 1958 was revised by a new Trademark Act 1999. The new process of new Trademark Act started with an intention to improve the Trademark Act in the fast developing economy. The main intention is to bring developments in trading and commercial practices, globalization of trade and industry. The new bill passed by both the houses which was assented by the President and became a new Act called Trademarks Act 1999.

The Trademark Act 1999 is governed by Trademark Rules 2002, it came into effect on 15th September of 2003.The Indian Trademark is now fully compatible with International standards of TRIPS Agreement.