What is Trade Mark

Trade mark 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 colours; and—

(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and

(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;

Documents Required for Trade Mark Registration

1. Copy of PAN of Applicant

2. Address proof of Applicant

3. Certification of Registration (In case register under MSME)

4. Mobile No. & Email Id

5. Legal Status of Applicant

6. Copy of Trade Mark / Logo

7. Description of Item & Class of Trademark

8. Date from which Trade Mark used and declaration w.r.t that

9. Power of Attorney/ Digital Signature of Applicant

Advantages of Trademark Registration

1. Exclusive right to the use

2. Obtain relief in respect of infringement

3. Differentiate the Goods/Service

4. Intangible asset of the business

5. Build the trust of the customer/client

What are the category of Mark

1. Word mark (it includes one or more words, letters, numerals or anything written in standard character),

2. Device mark (it includes any label, sticker, monogram, logo or any geometrical figure other than word mark),

3. Colour (when the distinctiveness is claimed in the combination of colours with or without device),

4. Three dimensional trademark (it includes shape or packaging of goods),

5. Sound : Representation of specific musical notes must be submitted at the place provided for the trademark. The applicant is also required to submit sound clipping in MP3

Who can apply for trade mark

1. Individual

2. Partnership Firm

3. Body-incorporate including Private Limited/limited Company

4. Limited Liability Partnership

5. Society

6. Trust

7. Government Department

8. Statutory Organization.

9. Association of persons

10. Hindu Undivided Family

Grounds for refusal of registration

(1) The trade marks—

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if—

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of—

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods.

What is the Government Fee of Trademark Application