Information

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Technically, if a certain mark is associated with a service, it is called a "service mark," but trademark is commonly used to refer to both marks associated with services and goods. The purpose behind trademarks is to allow companies and individuals to indicate the source of their goods or services and to distinguish them from others in the industry. The trademark owner can be an individual, business organization, or any legal entity.

A trademark provide the trademark owner the exclusive right to use the mark, and also allows the owner to prevent others from using a similar mark that can be confusing for the general public.

When a person claims the rights to a particular mark, he or she is allowed to use "TM" (for a trademark) and "SM" (for a service mark) to designate that the mark is trademarked.

A trademark registration is valid for ten years and after that, it needs a renewal. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. If the registration is not obtained as per the prescribed conditions then the Registrar can remove the trademark from the trademark register.

Key Features :-

  • Protection - Protects a company's name or logo, which is a company's most valuable asset;
  • Exclusivity -Provide the trademark owner exclusive nationwide ownership of the trademark;
  • Protection against infringement - Trademark registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name;
  • Brand Building - Trademark registration enhances to built brand image of the quality of goods & services provided by an entity;
  • Evidence - Provides Conclusive Evidence of Validity of Trade Mark and Exclusive right of the registrant to use the trade mark; and
  • Discouraging others from proceeding with the trademark registration of the same or similar trademark.

Documents required for trademark Application :-

  • Name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner. If the applicant is a company, the country or state of incorporation.
  • A list of goods and/or services for which registration is required.
  • Soft copy of the trademark to be registered.
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • A certified priority document or its duly notarized copy is to be submitted in case the application is to claim priority from an earlier filed convention application. Details of that application are also required such as application number, filing date, country and goods/services.
    If the application is not readily available, it can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
  • Date of first use of the trademark in India, if at all used or he application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application.
  • An affidavit testifying to such use along with supporting documents shall have be filed along with the application.
  • Power of attorney simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).

Documents required for trademark Renewal :-

  • A copy of the Registration Certificate
  • Power of Attorney
  • An ID and Address Proof of the Applicant
  • Copy of TM-A

FAQ :-

Who can file a Trademark application in India?

Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

Explain the term " Use" in reference to Trademark ?

The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.

Is it mandatory to submit “Statement of Use” at the time of filing of application?

The trademark application can be filed either claiming usage from a date prior to the date of filing of application or on Proposed to be Used basis.

In case the Applicant wants to file an application claiming usage of the mark in India prior to the date of filing of application, then an affidavit, along with supporting documents testifying such use will also have to be filed. The affidavit needs to be signed by the authorized signatory and notarized by a Notary Public.

In case the Applicant wants to file an application on a Proposed to be Used basis, then an affidavit substantiating use, is not required.

Why should I go for trademark registration of my company name/trade name, if my Company Name is already registered under the Companies Act.

Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.

What is the validity of a trademark registration?

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

What are the advantages of obtaining trademark registration?
  • Prima-facie evidence of ownership of the trademark.
  • Important asset for your business or company and contributes to the goodwill generated.
  • Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
  • Trademarks can be sold, licensed or assigned.
  • Registration usually covers the whole of India.
Information

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Technically, if a certain mark is associated with a service, it is called a "service mark," but trademark is commonly used to refer to both marks associated with services and goods. The purpose behind trademarks is to allow companies and individuals to indicate the source of their goods or services and to distinguish them from others in the industry. The trademark owner can be an individual, business organization, or any legal entity.

A trademark provide the trademark owner the exclusive right to use the mark, and also allows the owner to prevent others from using a similar mark that can be confusing for the general public.

When a person claims the rights to a particular mark, he or she is allowed to use "TM" (for a trademark) and "SM" (for a service mark) to designate that the mark is trademarked.

A trademark registration is valid for ten years and after that, it needs a renewal. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. If the registration is not obtained as per the prescribed conditions then the Registrar can remove the trademark from the trademark register.

  • Protection - Protects a company's name or logo, which is a company's most valuable asset;
  • Exclusivity -Provide the trademark owner exclusive nationwide ownership of the trademark;
  • Protection against infringement - Trademark registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name;
  • Brand Building - Trademark registration enhances to built brand image of the quality of goods & services provided by an entity;
  • Evidence - Provides Conclusive Evidence of Validity of Trade Mark and Exclusive right of the registrant to use the trade mark; and
  • Discouraging others from proceeding with the trademark registration of the same or similar trademark.
Documents required for trademark Application :-
  • Name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner. If the applicant is a company, the country or state of incorporation.
  • A list of goods and/or services for which registration is required.
  • Soft copy of the trademark to be registered.
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • A certified priority document or its duly notarized copy is to be submitted in case the application is to claim priority from an earlier filed convention application. Details of that application are also required such as application number, filing date, country and goods/services.
    If the application is not readily available, it can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
  • Date of first use of the trademark in India, if at all used or he application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application.
  • An affidavit testifying to such use along with supporting documents shall have be filed along with the application.
  • Power of attorney simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).
Documents required for trademark Renewal :-
  • A copy of the Registration Certificate
  • Power of Attorney
  • An ID and Address Proof of the Applicant
  • Copy of TM-A
Who can file a Trademark application in India?

Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

Explain the term " Use" in reference to Trademark ?

The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.

Is it mandatory to submit “Statement of Use” at the time of filing of application?

The trademark application can be filed either claiming usage from a date prior to the date of filing of application or on Proposed to be Used basis.

In case the Applicant wants to file an application claiming usage of the mark in India prior to the date of filing of application, then an affidavit, along with supporting documents testifying such use will also have to be filed. The affidavit needs to be signed by the authorized signatory and notarized by a Notary Public.

In case the Applicant wants to file an application on a Proposed to be Used basis, then an affidavit substantiating use, is not required.

Why should I go for trademark registration of my company name/trade name, if my Company Name is already registered under the Companies Act.

Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.

What is the validity of a trademark registration?

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

What are the advantages of obtaining trademark registration?
  • Prima-facie evidence of ownership of the trademark.
  • Important asset for your business or company and contributes to the goodwill generated.
  • Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
  • Trademarks can be sold, licensed or assigned.
  • Registration usually covers the whole of India.