What is Trademark
Trademark 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. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. A name or a logo or with color can be Trademarked.
Trademark registration can be done for the following:
- Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.
- Any Slogan, Base or Punch Line, etc. which are used to highlight the products and services.
Advantages of Trademark Registration
- Protects hard earned goodwill in the business.
- It identifies and distinguishes the source of the goods or services of the party from those of other
- It is an evidence of ownership of the mark.
- To offer licenses & franchises.
- It serves as a notice to the public that you claim ownership in the mark.
- If a person uses a mark in connection with certain goods/ services in the course of trade, which is identical or deceptively similar to a registered trademark for similar goods/services, the registered owner will be able to sue for infringement of a trademark.
- If the mark is not registered, then the owner of the trademark can take the action of passing off under common law and the legal action under the passing off, requires proof of use and reputation of the Trademark each time an action is launched against an infringer. This process is very cumbersome.
- If you do not register your trademark and someone else registers a similar or identical mark, the owner of the registered mark prevents you from using the mark.
- Brand Building.
- Power of Attorney signed by the applicant & in the case of corporate body, by the Directoror Legal representative of the company. (Please note that the power of Attorney need not be Legalized or Notarized .
- 20 (Twenty) prints or label. For words mark/ labels are not required.
- Certified copy of the application which is the basis of the convention priority (if applicable) may be filed within 3 months from the Indian filing date.
- Name of the Trademark/Service Mark to be registered.
- Date of first use of the Trademark/Service Mark in India, if any or whether it is proposed to be used.
- Full Name & Nationality of the Proprietor/Partners of the Applicant firm.
- Full Names, Address, Nationality and Nature of the Business of the Applicant.
- List of goods/services and classes or services according to the International classification.
- Translation of the Non-English word appearing on the mark.
- Exact meaning of the mark, if any in the foreign language other then the English language.
- Priority under the Paris convention can now be claimed in India. Details of Convention priority, if any first filed country, filing number and date.
Steps to register Trademark
Provide Basic Documents
Search for Trademark Availability