Trademark Registration

A trade-mark is a word, design, number, two-dimensional or three-dimensional form, color, or a combination of two or more of these elements which a trader uses to distinguish his/her products or services from those of his/her competitors and serves to establish goodwill with the consumer.

Overview

The Registrar of the Trademark shall register a mark unless it is restricted by sec: 9 of the Trademarks act 1999 and the absolute grounds for refusal are:

1) The trade marks- (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

2) A mark shall not be registered as a trade mark if- (a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter; (d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of- (a) the shape of goods which results from the nature of the goods themselves;
or (b) the shape of goods which is necessary to obtain a technical result;
or (c) the shape which gives substantial value to the goods. Explanation. For the purposes of this section, the nature of goods or services in relation to which the trademark is used shall not be a ground for refusal of registration.

FAQ

How to register a Trademark

You can register a Trademark something that's already been registered, so the first step is to do a Trademark search. By this simple process, let us know whether there is any trademark, which is similar to the new one.

Application process includes:

 

The applicant or his/her representative should appear before the Registrar when there is any opposition from any side.

Finally, the Registrar of trademark would register the mark and provide a certificate of registration. The certificate of registration is valid only for 10 years and it can be extended to another fifteen years by paying specified fees

Suit for an injunction: The principal remedy that you can seek is an injunction preventing the other party from continuing to use the infringing mark.

You can claim damages for erosion of business, happened due to the unauthorized usage of mark by somebody else.

• Do a Trademark search
• Trademark application.
  • Filing of application forms
  • Application may be filed either by the owner or by their representative
  • Execute authorization documents needed
  • Apply with specified fees
• Appearing before the authority
• Registration certificate
• Remedies for infringement of a trademark