asguptaadvocate@yahoo.com
91 9891665001
asguptaadvocate@yahoo.com
91 9891665001
WHAT IS A TRADE MARK?
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 shape of goods, their packaging and combination of colors.
WHO CAN APPLY FOR A TRADE MARK?
Any natural person or the entity, who claims to be the owner of a trade mark which might be using or proposed to be used, by such person or entity, can apply for trademark registration.
WHAT ARE THE BENEFITS OF TRADEMARK –
Registration of trade mark confers upon the owner an exclusive right to use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement. The Trademark Act provides a negative right and an exclusive right to the owner of the trade mark owner.
TRADEMARK SEARCH AND REPORT –
The searching is useful, important and a must before filling of a trademark registration. One can be sure about the future of his trademark. Search report advices about the availability of the Trademark. It is always advised to have a search report before filling of the trademark. It will save your money, time, future projections, trading and marketing etc of your business.
REQUIREMENTS FOR MAKING & FILLING OF A TRADEMARK APPLICATION –
Following details & Document are required for making and filling of an application for the registration of Trademark, Label, Logo, Slogan, Punch line, Tagline –
Name of the applicant …………………………………………
Address of the applicant …………………………………………
Title of mark, Label, Logo, brand, Punch line, slogan …………………………………
Class of the mark – As per goods/services (See the schedule) ……..……….………
Trade description – Manufacturer/Trader/Designer/Service Provider …………….
Date of use of the mark …………………………………………
(It is being used from dt./Proposed to be used/ From filling date of application)
In respect of goods/services– (For what goods/services you want its registration)
Whether any Label/Logo is to be filed – if yes, provide its soft or hard copy………
Email of Applicant (if any) …………………………………………
Phone No. & Fax No.(if any) ………………………………………..
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION –
Soft/Hard copy of the label/logo
Copy of the address proof of the applicant (if any),
Copy of the incorporation document (if any),
Form TM-48 (to be made by us after the receipt of your details & documents),
FORMS FOR TRADEMARK REGISTRATION –
For Trademark registration, there needed many Forms to be made and filled. Normally the FORM TM-1, TM-51, TM-48 are required at the time of filling of the Trademark application whereas the FORM TM-5, TM-6 are required for the purposes of OPPOSITION of the Trademark. These all Forms will be made and filled by us as per requirement; as and when required.
PROCEDURE – PROCESS – STEPS FOR TRADEMARK REGISTRATION –
Following steps and procedure are being followed for Trademark registration –
Step 1: Fill the Form on the website to provide us the details,
Step 2: Preparation of Forms, documents etc for Trademark registration
Step 3: Filling of Forms, documents with the Trademark Registry (Govt. of India),
Step 4: Filling of written Arguments/Replies for removal of official objections, if any
Step 5: Attending the hearing before the Trademark Registry, if and when called,
We give you a 100% assurance for successful and grant of the mark. You can start using ™ symbol, next to your mark just after filling of your trade mark application!
FEE FOR TRADEMARK REGISTRATION –
Application fee of Rs.4,000/- (Rs. FOUR THOUSAND) is required for Trademark Registration. The fee is to be paid and deposited with the Trademark Registry through DD or Cash or Online transfer in the name of “REGISTRAR OF TRADEMARKS”.
PROCEDURE FOR TRADEMARK REGISTRATION –
Trademark registration process starts with making and filling of the Form TM-1, the Additional Representation sheets supported with Form TM-48 (the authority letter). But, in ON-LINE filling it starts with filling of the Form TM–1 as provided by the Trademark Registry supported with the additional documents etc.
After filling of the application, a receipt having necessary details of the applicant, of the trademark, application Number and the Proprietor code etc is being generated. Further, the data of the application is being entered in the official data base of the trademark registry and is being sent for VIENA CODIFICATION etc. The formalities being complied and the application gets formality check passed under the rules, regulations as provided by the Act. On completion of all the formalities and checks, after a period of about 10-12 month, the trademark is being marked for its examination where the examiner/Registrar examine the application.
On the examination, if the registrar finds any objection, send us his examination report for its removal/disposal. The objections may be from the Act & Rules with the similarity to other marks.
REMEMBER – FILLING OF THE REPLIES FOR REMOVAL OF OFFICIAL OBJECTIONS IS A MUST AND IS NEVER AN OPTIONAL. IF THE REPLIES / WRITTEN ARGUMENTS NOT BEING FILED WITHIN THE TIME/PERIOD OF 30 DAYS FROM THE DATE OF RECEIPT OF OFFICIAL EXAMINATION REPORT, THE TRADEMARK / APPLICATION WILL GET ABANDONED AND REJECTED.
On filling of Replies/Written Arguments, the trademark registry may call for a hearing or may grant/accept the trademark. After the grant, the trademark is being published in the official journal of the trademark registry for a period of 4 month for calling the OPPOSITION from the public. On finishing of the period of 4 month, if no kind of any OPPOSITION being filed from the public, the application will be registered and the certificate of registration will be generated and being sent.
RESPONDING TO THE OBJECTIONS –
If there comes any official objection from the trademark registry, then for the removal of the objections, a Written Arguments / Replies will be required to be made and filed. REMEMBER – filling of replies for removal of official objections is must and never an optional. If, Replies/Written Arguments not being filed within the limitation of 30 days from the date of receipt of Examination report, the trademark / application will get ABANDONED AND REJECTED.
The objections may be from the provision of Act and the Rules and also relating the similarity with other marks and in the replies one will be required to establish the differences. Only on the basis of the differences – (the Phonetic, the Visual, the literary, the Conceptual and others) the trademark will be granted.
In the Replies/Written Arguments, one will be required to make an exhaustive submissions touching all the issues as raised with the citing of the Rulings & Judgments, the principals and provisions of the Act as laid down etc. If required, the Affidavits may also be filed for the support.
After filling of the replies and the evidences etc, the registry may Accept/Grant the Trademark / application or may call for a hearing on their sole discretion.
ATTENDING HEARING BEFORE THE REGISTRAR
Trademark Registry may call for a hearing for Arguments towards the grant of Trademark/application on their own discretion. It may come and may not. The information including the date & time are being fixed and served by the Registry.
Attending the hearing is a must and the final steps towards the grant/registration. After the hearing, the trademark may be granted/accepted by the Registry and/or may be Refused on certain reasons. If the mark is Granted/Accepted, it will be sent for its publication and on the refusal it may be taken for an Appeal before the Appellate authorities.
OPPOSITION OF TRADEMARK –
Any person may file an OPPOSITION against the grant of a trademark under section 21 of the Trademarks Act, 1999. The Opposition of trademark can be instituted on sending of notice containing the grounds of opposition with the required Forms (FORM TM-5) and the official Fee with the Trademark registry. The opposition can be filed within 4 months from the date of Advertisement / Publication of the trademark.
On receipt of the notice of Opposition, the Trademark Registry, sends its copies to the applicant for filling of the Replies against the grounds of Opposition (FORM TM-6) as taken by the Opponent within a limitation period. Finally, a hearing is being fixed where the arguments are being held for the disposal of the Opposition.
RENEWAL OF TRADEMARK –
A registered trademark is valid up to 10 years from the date of its registration. It will lost its legal enforcement and applicability if it is not being renewed. For renewal of a registered trademark – The Copy of Registration certificate, Form TM-12, Form TM-48 and the official fee are needed. The application for the renewal of a registered trademark can be filed before or after six month from the date of expiry (or the final date of validity of the Trademark). The official fee for the Renewal of the trademark is Rs.5,000/- which is to be deposited with the Trademark registry.
ASSIGNMENT OF THE TRADEMARK –
Proprietor of a trademark may Assign the trademark with or without Goodwill of the business concerned, for any consideration, to any of the interested person. Assignment is being done through the execution and submission of documents before the trademark registry with support of FORM TM–16 and the official fee etc. A Deed of Assignment is required to be made and executed between the parties, concerned with the terms and conditions, as settled between the parties, is a must for the purposes. On receipt of the deed, required forms, fees etc, the Registrar makes an order for the same.
TERM OF REGISTERED TRADEMARK –
The term, the validity, the registration period of a registered trademark is 10 years and it can be renewed for several years on filling of Renewal Forms (FORM TM-12) and Fees, as provided.
INFRINGEMENT AND PENALTIES FOR INFRINGEMENT OF TRADEMARK
INFRINGEMENT AND PENALTIES FOR PASSING OFF OF TRADEMARK
(INFRINGEMENT OF TRADEMARK) –
Trademark infringement occurs when a person uses a trademark without authorization of the proprietor. When it happens against a registered trademark – is called as Infringement and when it happens against an unregistered mark – then it is called as the offence of Passing Off. The infringement and Passing Off – both are punishable under the Act & Rules of Trademarks Act, 1999 and the Trademark Rules, 2002.
A court may grant relief of injunction, monetary compensation, confiscation / destruction of infringing labels and tags, seizure of the materials etc.
SERVING LEGAL NOTICES AGAINST INFRINGEMENT OF TRADEMARK-
We provide our services against the infringement and Passing OFF of the trademark. While serving the legal notice against the unauthorized use of your trademark you can stop the people doing so and in response you can force them to stop using your mark and also to refund the amount as they gain of it. For more you can file an Injunction petition before the court and get an order to stop using the unauthorized use of your trademark etc.
FLOWCHART FOR TRADEMARK REGISTRATION
DOWNLOAD TRADEMARK FORM BELOW LINKS
Ms Word Format
Adobe PDF Format
SCHEDULE OF TRADEMARKS
For the convenience, we enclose herewith the Schedule (IV). You can choose and specify your Class as your Goods/products/Services lies under which class.
THE FOURTH SCHEDULE OF TRADE MARKS RULES, 2002
CLASSIFICATION OF GOODS AND SERVICES
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).
Class1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class8. Hand tools and implements (hand-operated); cutlery; side arms; razors
Class9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class12. Vehicles; apparatus for locomotion by land, air or water
Class13. Firearms; ammunition and projectiles; explosives; fire works
Class14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class15. Musical instruments
Class16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks
Class17. Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes (except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
Class23. Yarns and threads, for textile use
Class24. Textiles & textile goods, not included in other classes; bed & table covers
Class25. Clothing, footwear, headgear
Class26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile);
Class28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class33. Alcoholic beverages (except beers)
Class34. Tobacco, smokers’ articles, matches
SERVICES
Class35. Advertising, business management, business administration, office functions
Class36. Insurance, financial affairs; monetary affairs; real estate affairs.
Class37. Building construction; repair; installation services.
Class38. Telecommunications.
Class39. Transport; packaging and storage of goods; travel arrangement.
Class40. Treatment of materials.
Class41. Education; providing of training; entertainment; sporting and cultural activities.
Class42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class43. Services for providing food and drink; temporary accommodation.
Class44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class45. Legal services; security services for the protection of property & individuals; personal and social services rendered by others to meet the needs of individuals.
