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TRADEMARK

WHAT IS A TRADEMARK?

Trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999

To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.

Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.

Importance of registration of Trademark

  • It provides legal protection against the fake and fraudulent products.
  • The customer can easily identify the product because of its name or logo
  • It creates an intangible asset for the owner, which has an ability to be transferred, sold or franchised.
  • Trademark creates trust and goodwill in the minds of the customer because of which many customers are loyal to the product.

Who can file a Trademark application in India

In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.

What are the documents required for trademark registration in India?

The minimum documents and information which are required for filing a filing trademark application in India is as follows:

  • The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;
  • A list of goods and/or services for which registration is required;
  • Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
  • Soft copy of the trademark to be registered;
  • USE : Date of first use of the trademark in India, if at all used or else the 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 required for trademark registration, shall have be filed along with the application
  • Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation

Types of Trademark

A trademark may be divided into the following categories:

  • Product Mark:
    A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services. It is used to Mark.
  • Service Mark:
    A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services. It is used to Mark.
  • Collective Mark:
    These are the trademarks used by a group of companies and can be protected by the group collectively. Collective marks are used to inform the public about a particular characteristic of the product for which the collective mark is used.
  • Certification Mark:
    It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics.
  • Shape marks:
    According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging, so long as it is possible to graphically represent the shape clearly.
  • Pattern Mark:
    These are the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings. Such goods/services are registrable as Pattern Marks.
  • Sound Mark:
    Sometimes, the sound that plays in the advertisement becomes so well known that when people hear it they immediately know what product/service it refers to. In such cases, the sound may be regarded as a trademarkand is eligible for registration.

Procedure for trademark registration in India

  • STEP1: Trademark Searches
  • STEP2: Trademarkdocuments Drafting
  • STEP3: Trademark Application Filing
  • STEP4: Examination of Trademark application
  • STEP5: Publication of Trademark Application
  • STEP6: Trademark Registration

Fees as per First Schedule:- Trade Mark Rules 2017

Entry No On what payable Amount in INR. Corresponding Form Number
For Physical filing For Physical filing
1 Application for registration of
a trademark /collective Marks /
Certification Mark / Series of
trademark for specification of
goods or services included in one
or more than one classes.
Where the applicant is an
Individual / Startup/Small Enterprise
5,000 5,000
In all other cases (Note: Fee is for each class and for each mark ) 10,000 9,000 TM-A
2 On a notice of opposition under section
21(1), 64, 66 or 73 or application
for rectification of register under
section 47 to 57, 68, 77 or application
under rule 99, 103, 135,140 or
On application under section 25 of
Geographical Indication of
Goods (Regulations and Protection)
Act, 1999 to invalidate a
trademark or counter statement
related thereto. (Note: Fee is for each
class opposed or counterstatement filed).
3,000 2,700 TM-O
3 For renewal of registration of a trademark
under section 25 for each class.
10,000 9,000 TM-R
Application for renewal with surcharge
of registration of a Trademarks
under section 25 (3) for each class
5,000 Plus renewal
fee applicable under entry 3
4,500 Plus renewal
fee applicable under entry 3
Application for renewal with
surcharge/ restoration and renewal
of a Trademarks under
section 25 (3), 25 (4) for each class
10,000 Plus renewal
fee applicable under entry 3
9,000 Plus renewal
fee applicable under entry 3
4 On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark 10,000 9,000 TM-P
On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark. 3,000 2,700
On application for: Extension of time for applying for direction under section 42 for advertisement of assignment 2,000 1,800
without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark
On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark. 1,000 900
5 Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable 5,000 4,500 TM-U
6 Request for search and issue of certificate under rule 22(1) 10,000 9,000 TM-C
Request for an expedited search and issuance of certificate under rule 22 (3) Not allowed 30,000
7 On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41. 1000 900 TM-M
On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application. 2,000 1,800
On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other 3,000 2,700
matters not covered in other TM forms.
On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document) 5,000 4,500
On application under rule 34 for expedited process of an application for the registration of a trademark
Where the applicant is an Individual / Startup/Small Enterprise Not allowed 20,000
In all other cases (Note: fee is for each class and for each mark) Not allowed 40,000
Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.) Not allowed 1,00,000
8 On application for registration of a person as a trademark agent under rule 147 & 149. 5,000 4,500 TM-G
For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year. 10,000 9,000
year to be paid on or before 1st day of succeeding financial year.
On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration. 5,000 Plus continuation fee as mentioned in entry number 20 4,500 Plus continuation fee as mentioned in entry number 20
On application for an alteration of any entry in the Register of trademarks Agent under rule 154 1,000 900
Handling fee for certification and transmission of international application to International Bureau with MM2(E) Not allowed 5,000

 
     
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