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On application to register a trade mark for goods or services included in a class from a convention country under section 18(1) & 154(2: 3500.0: TM-2 (6 KB) 4: On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services from a convention country under section 154(2: 3500.00 for ...
Nov 9, 2023 · In this guide, we will look into the intricacies of trademark registration in India, covering the definition of trademarks, the governing laws, the importance of registration, eligible trademarks, the application process, and the benefits of choosing IndiaFilings for your trademark needs.
- Visual Representation
- Intangible Asset
- Protection Against Infringement and Other Legal Protection
- Trademark Search
- Class Selection
- Voluntary, Not Compulsory Registration
- Validity
- Trademark Symbols
The types of trademarks you can get registered are quite varied. Here are a few types:- – Word Marks – Service Marks – Logos and Symbols – Shape of Goods – Series Marks – Collective Trademarks – Certification Mark – Geographical Indicators – Pattern Marks – Sound Marks – Colour Marks – Three Dimensional Marks
Consider the fact that your business builds a reputed name and turns out a successful brand. A trademark, being a type of intellectual property, brings heaps of benefits to the company. Once a trademark is registered, it becomes an intangible asset that can be traded, franchised, commercially contracted and distributed.
The owner of a registered trademark can exercise his legal rights in case there is any infringement with regard to the owner’s logo, brand, a slogan that has an active trademark against it. The owner has the right to sue any third party that uses the trademark without the prior permission of the owner of the trademark.
A trademark search is usually carried out to check if a particular trademark already exists. The search can be conducted through the government’s Indian Trademark Registry database or a third-party service provider website.
The goods and services here are classified into 45 different sectors. Each sector is referred to as a class. Every logo or brand name is to be registered under the appropriate class at the time of application. Out of the 45 different classes, 34 of those classes comprise of product classes, and the remaining 11 are for service.
The registration of a trademark is done on a voluntary basis. However, if a trademark is registered, it holds concrete evidence that the ownership of the trademark belongs to the person who has taken the effort to register it. All legal decisions will be in favour of the party that had the trademark registered.
A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed. Even on removal, the trademark can be reinstated through what is know...
Trade Mark (TM) and Service Mark (SM) This symbolises that the trademark has not yet been registered, but an application for the same is pending. It is put up to warn third parties lest they infringe upon the same. There is no specific legal significance as such because the application has not yet been approved by the authorities. R (®) Symbol On t...
1 day ago · Trademark Registration is an intellectual property registration under the Trademark Act of India. Trademark registration provides ownership of intellectual property, rights to exclusive use of the registered trademark and legal protection in case of trademark infringement.
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.
Mar 3, 2021 · Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India. Trademark registration provides legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is however a long process involving multiple steps.
This chapter deals with filing of a document/new application in the Trade Mark Registry for registration of a Trademark or in relation to an earlier application for registration of a trademark.
