91-9212743839

  • :
  • :

Trademark

What is the function of a trade mark?
  • Under modern business condition a trade mark perForms four functions.
  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality.
  • It advertises the goods/services.
  • It creates an image for the goods/ services.
Who can apply for a trade mark and how?
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office.
How to apply for a trade mark in respect of particular goods or services?
It is provided under the Trade Marks Act, 1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the detefmination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.
What are different types of trade marks available for adoption?
  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
What purpose the trade mark system serves?
  • It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.
  • It guarantees the identity of the origin of goods and services.
  • It stimulates further purchase.
  • It serves as a badge of loyalty and affiliation.
  • It may enable consumer to make a life style or fashion statement. visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films.
Who benefits from a trade mark?
The Regd.Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.
The Government: The Trade Marks Registry is expected to earn a revenue of nearly Rs.40 crores during the current year and which is perpetually on the rise.

The Legal professionals: The Trade Marks Registration system is driven by professionals and legal and para legal advisors(Agents) who act for the clients in the processing of the trade marks application.

The Purchaser and ultimately Consumers of trade marks goods and services.
What are the benefits of registering a trade mark?
The registration of a trade mark confers upon the owner the exclusive right to the 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 in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
What are the Formalities and government fees for major trade mark transaction?
For filing new applications there are prescribed Forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.
Fees: Rs.3,500/-
  1. To file a Notice of Opposition to oppose an application published in the Trade Marks Journal(FormTM-5). Fees:Rs.2,500/-
  2. For Renewal of a Regd.trade mark (Form TM-12 ). Fees: Rs.5,000/-
  3. Surcharge for belated renewal (Form -10).Fees:Rs.3,000/-
  4. Restoration of removed mark (Form TM-13) Fees:5,000/-
  5. Application for rectification of a registered trade mark (Form TM-26) Fees:Rs.3,000/-
  6. Legal Certificate (Form TM-46)
(Providing details of entries in the Register) Fees:Rs.500/-
Official search request (Form TM-54). Fees:Rs.500/-
Preliminary advise of the Registrar as to the registrability of a mark (Form TM-55).Fees: Rs.500/-
Copyright search request and issuance of certificate (Form TM-60) Fees: Rs,5,000/-
What are the sources of trade mark laws?
  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols.
  • Monograms
  • Combination of colors or even a single color in combination with a word or device.
  • Shape of goods or their packaging.
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
What does the Register of trade mark contain?
The register of trade mark currently maintained in electronic Form contains interalia the trade mark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
Can any correction be made in the application or register?
Yes. But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are pefmissible according to rules detailed in the subordinate legislation.
Can a registered trade mark be removed from the register?
Yes. It can be removed on application to the Registrar on prescribed Form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trade mark?
What are the Quality policy of TMR?
The Trade Marks Registry (TMR) will receive and process applications for the registration of trade marks under the Trade Marks Act, 1999 in an efficient and user friendly manner. The single most important mission is to reach out, listen and solve public grievance across the table and as quickly as possible. The office will aim to provide qualitative services relating to search, examination, e-publication and post-registration activities.

The office will adopt a fair, impartial, responsive, prompt and same day disposal of cases approach (wherever possible) in the handling of complaint received by it.

The office will instal and implement a transparent and user-friendly automation systems that will respond positively to the needs of users.

The Trade Marks Registry will provide professional guidance to applicants/users shorn of all legal jargons.

The office will adhere to a time bound processes in the handling of cases. It will channelise its internal synergy to deliver results with promptitude.

Feed back on the working of the office will be welcomed where it is made in a constructive manner and efforts made to incorporate suggestions in improving the functioning of the office:
LOCATION AND JURISDICTION
Trade Marks Registry, Mumbai (Head Office)
Intellectual Property Bhavan, Near Antop Hill Head Post Office,
S.M. Road , Antop Hill, Mumbai 400037
Tel: 022-2410 1144, 24101177, 24148251, 24112211
Fax: 24120808, 24132295
Jurisdiction: State of Maharashtra, Madhya Pradesh and Goa

Trade Marks Registry, Delhi
Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi
Tel. 011-28082915/ 16/17 Fax:
Jurisdiction: State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh

Trade Marks Registry, Kolkata,
CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake,
Kolkata-700091
(Telfax. 033-23677311
Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.

Trade Marks Registry, Ahmedabad,
15/27 National Chambers, 1st floor,
Ashram road,
Ahmedabad-380 009.
Tel: 079-26580567
Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli

Trade Marks Registry, Chennai
IP building, GST Road, Guindy
Chennai-600032
Tele: 044-22502041, Fax : 044-22502042
Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.
TRADEMARK FORMS AND FEES:

Flow Chart

Flow Chart