TRADE MARK (TM)

A trademark is a distinctive sign or indicator used by an individual, business organization or other legal entity to identify that the products and/or services to consumers with which the trademark appears originate from a unique source of origin, and distinguish its products or services from those of other entities.

"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 and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.

In order to register your trade mark the following steps / procedure are to be taken:

Requirements:

• Identify the Mark / Logo to be registered as Trade Mark
• Search with Trade Mark Registry for the availably of Trade Name / Mark for registration
• Identifying the Class under which the Trade Mark to be registered
• Filing the application with Trade Marks Registry
• Obtaining the acknowledgement form Trade Marks Registry

After issuing the acknowledgment, Trade Marks Registry will publish the mark in the Trade Mark journal for public information and will call for objections if any. If there is no objection from anyone, the Trade Marks Registry will issue the certificate of Trade Mark Registration. Trademark registration can be done for:

• Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof
• Any Slogan, Base or Punch Line, etc. which are used to describe any product better

Advantages of Trademark Registration

1 Protects your hard earned goodwill in the business.
2 Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill.
3 Gives your products a status of ‘Branded Goods’.
4 Gives an impression to your customers that the company is selling some standard Products or Services.
5 The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered.
6 To obtain relief in respect of infringement (misuse by others) of the trade mark.
7 Power to assign (transfer) the trade mark to others for consideration.

Procedure/Steps for Trademark Registration

1 Filing of an application for registration by a person claiming to be the proprietor of a trademark, in the office of the Trade mark Registry, within the territorial limits of the place of business in India.
2 Examination of the application by the Registrar to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report is issued.
3 Publication of the application after or before acceptance of the application in the Trademark Journal.
4 After publication if any person gives notice of his opposition to the registration within three months which may be extended to the maximum of one month.

If the opposition has been decided in favour of the applicant of the registration of trademark, the Registrar shall register the Trademark.

On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Certificate.

Term/Duration of a Trademark in India
The term of registration of trademark is 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999. An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.

Use of the ‘TM’ and ® symbols
Generally, one who has filed an application (pending registration) can use the ™ (trademark) designation with the mark to alert the public of his exclusive claim. The claim may or may not be valid. The registration symbol, ®, may only be used when the mark is registered.