What is a Trademark?
In simple terms, the trademark is a brand or logo which represents one’s business. A visual symbol or sign like a word, name, device, label, numerals or combination of colors or numbers used by the owner for goods or services or other articles of commerce which helps to distinguish it from other similar goods or services originating from different businesses.
A trademark registration may be a word, symbol, logo, brand name, or labels, tagline or a combination of these and are used by manufacturers or service providers to keep a check on their identity of products and/or services.
Few Examples of trademarks:-
Coca-cola, Fanta, Mirinda and Pepsi are trademarks from the same industry that is beverages which identify origin of the goods as well as an indication of quality.
Trademarks in India are registered and looked after by the Controller General of PDT, Ministry of Commerce and Industry, Indian Government. Trademarks are registered under the Trademark Act, 1999 and provide the owner the right to sue for damages or losses when infringements of trademarks occur.
Who can apply for a trademark?
Any individual, company, proprietor or legal entity saying to be the owner of the trademark can apply. The application for trademark registration can be filed within few days and can start using “TM” symbol. And the time required for trademark registry to complete formalities varies between 8 to 24 months. One may use the ® (Registered symbol) next to your trademark once your trademark is registered then a registration certificate is issued. Once registration of a trademark is done it valid for a term of 10 years from the date of filing, which has to be renewed time to time. Before registering your trademark however, you should conduct a trademark search to not be in violation of any exsisting trademarks. Use our Free Trademark Search Tool
Functions of a trademark are:-
- It identifies the service
- It guarantees quality
- Advertisement of service
Documents essential for filing a Trade Mark Application in India are as following:-
- Trademark or logo or label copy ready
- Applicant details like name or address and nationality
- Goods and/or services to register
- Date of first use of the trademark in India
- Power of attorney to be signed by the applicant
Types of trademarks available
– Names, which can include your own name or surname.
– Any word or any arbitrary dictionary word.
– Letters or numerals
– Symbols and Monograms
– Combination of colors or even a single color
– Particular Shape of goods or their different packaging.
– Marks constituting a 3-dimensional sign or a 4-dimensional sign.
– Sound marks when represented in conventional notation
Trademark forms and government fees
Trademark rules, 2002, below Rules eleven and twelve give for the regulation that governs the filing of fees and forms for the aim of trademark prosecution in the Republic of India. Trademark application and prosecution in the Republic of India since its beginning involves the filing of varied forms by the trademark holder/agent/attorney with the written account. For sleek and triple-crown prosecution of trademark applications, forms have to be compelled to be in the midst of the prescribed fees and needed documents as mentioned in the Act and Rules.
|S.No||Description||Prescribed Forms||Prescribed Fees|
|1.||For filing new applications there are prescribed forms depending on the nature of application||TM-1, TM-2, TM-3, TM-8||Rs.4000/-|
|2.||For filing new applications for multi-class trademark||TM-51||Rs.4000/-|
|3.||To file a Notice of Opposition to oppose an application published in the Trade Marks Journal||TM-5||Rs. 2,500/- for each class covered|
|4.||For Renewal of a Registered trademark||TM-12||Rs.5,000/-|
|5.||Surcharge for belated renewal||TM-10||Rs. 3,000/-|
|6.||Restoration of removed mark||TM-13||Rs.5,000/-|
|7.||Application for rectification of a registered trademark||TM-26||Rs. 3,000/-|
|8.||Legal Certificate (Providing details of entries in the Register)||TM-46||Rs.500/-|
|9.||Preliminary advice of the Registrar as to the registrability of a mark||TM-55||Rs.500/-|
|10.||Copyright search request and issuance of certificate||TM-60||Rs.5000/-|
|11.||Application for granting Power of Attorney||TM-48|
|12.||Application for any kind of Correction||TM-16||Rs.500/-|