Purpose of Trademark in India - Vakilsearch


How does a trademark work?

There is a TRADEMARK when a word, phrase, symbol, or design is used in the course of trade that identifies and distinguishes the source of goods and services of one firm from those of others. Through its service marks, a company identifies and distinguishes the source of its services, rather than its products.

A trademark must meet the following conditions:

  • In order to qualify, the mark must be able to be represented graphically.
  • An effective mark must enable one person to distinguish his or her goods or services from others.
  • A trademark must be in use or proposed for use with respect to specific goods and or services.

Regulations:

In the United States, trademarks are regulated by the Trade Marks Act, 1999. Indian trademark law provides for the registration of trademarks relating to goods and services.

What are the eligibility requirements?

Trademarks can be registered by anyone at the Trademark Registry of their principal place of business in India. When a company is just beginning its formation, anyone may, in his name, apply for the subsequent assignment of the registration to the new company.

Details:

Applicant's full name and address. Its importance of trademark any goods or services in individual terms.
Classification: International Classification of goods and services. A trademark can consist of text, a device, a figure, a logo, or a color. Previous use is not required to file an application.

 A description of Convention Priority, if any, including first filed country, filing number, and date; the priority period is six (6) months.

Below are documented:

Neither notarization nor consular legalization is necessary for the execution of a power of attorney by an individual or a representative of a corporation.

A trademark search can be performed by:

It is prudent to inspect the already registered trademarks prior to making an application for registration to guarantee that the registration may not be denied due to the resemblance of the proposed mark to a registered one or a prohibited one.

Is it possible to acquire a trademark right?

In general, you can acquire trademark ownership right in the following ways:

a) When used in relation to certain goods;

b) Through registration under the Act; or

c) By assigning or transferring the right from another party.

Application for and prosecution of trademarks:

In case the applicant wishes to apply for a trademark, he or she may do so by completing Form TM-1 with the prescribed fee of 2000/- and submitting the application at one of the five Trade Marks Registry offices located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad, depending on where he/she resides or whose primary place of business is. It is a public notice published in the Trade Marks Journal that will enable others to oppose the application if it is found to be acceptable. When there is no opposition or if there is an opposition that is decided in the applicant's favor, then the mark is registered and a certificate of registration is issued. Upon receiving the applicant's response, if they do not overcome the objections, the Registrar will conduct a final refusal. The applicant can then appeal the decision to the Intellectual Property Appellate Board, which is a tribunal that can hear appeals.

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