FAQ (Frequently Asked Questions)
Our highly experienced design registration team can help you with filing, registration, examination and foreign protection services.
Trade Mark is a mark or logo or a sign or an expression which is used to distinguish your business goods or services from those of other manufacturers or traders. A Trade mark can be represented graphically in the form of your company’s logo.
- Provides exclusive right against Trademark, Logos, Brand Name & Firm .
- If not registered then Competitor can get your Trademark Registered.
- Monopolistic rights against specific goods for 10 years in India & thereafter can be renewed.
- Suit can be filed at Home Town (Local Jurisdiction). Registered Trademark gives more confidence in expansion of business while Advertising.
- Protection through Registration is Cheaper than litigation.
- Step 1- Adoption ofTrademark (it should be honest and bonafide)
- Step2- Searching ofTrademark
- Step3-Filling of Trademark Application and allotment of TM number
- Step4- Examination ofTM Application in Registry office (Removing objections/filling documentary evidence in support of TM, Attending Hearing, Arguments for getting the Trademark application accepted.)
- Step5- Application accepted by Registrar or Application refused by Registrar.
- Step6- If accepted by the registrar than it will get advertised in the Trademark journal and if no objection within 4 months than the Trademark will get Registered. If Application gets opposed than opposition proceedings start in Trademark Tribunal at Delhi /Mumbai.
A). Trademarks which are Identical or deceptively similar with the existing registered or pending Trademarks
B). Trademarks which are not distinctive.(mark becomes distinctive after 3 year user).
C). Descriptive Trademarks e.g. – Mark Computer cannot be registered for laptops, where as Computer can be registered for dhoop Aggarbatti, Cycle mark is registered for Essence sticks in India, Apple Trademark is registered for Mobile phones.
D). Trademarks which shows the quality of the products. For e.g.-TOP, BEST, DELUXE, SUPER cannot be registered.
E). Trademarks which shows the geographical location e.g.-Ludhiana, India cannot be registered.
F). Well known Trademarks and marks of multinational companies cannot be registered e.g.- Pepsi cannot be registered for any class.
G). Marks which comprises or contains scandalous or obscene matter..
H). If the mark is prohibited under the emblems and names (Prevention of improper use)Act.
If the mark is phonetically same with the existing marks, then the registrar can refuse the registration.
A). If the mark is phonetically same. B). If the mark resembles with the existing registered or pending Trademark. C). If the opponent’s Trademark is well known Trademark. D). Ifthe opponent’s Trademark has prior user. E). If the applicant adds some prefix or suffix against the registered or prior use Trademark.
Once the Trademark is registered we can use the word “R” and while the Trademark is in process we can use “TM”.
The person who is using the mark first and has the documentary evidence of using the mark, he/she has the better rights.
Trademark is a Intellectual property, it can be assignedtsold), rented or leased
Any person who is the owner and using the Trademark, can apply for registration. Thus applicant maybe -Proprietorship Firm -Partnership Firm -Private limited company.
It can be registered in the individual name, but it is not advisable to file the application in individual name because business is not done in the house of individual. To do the business, it will have to be transferred in the company/firm. Which involves higher cost of transfer, than registration.
In order to get protection, you will have to file Trademark application in each country where you want to export the goods.
For each country, we will have to file separate application. But in Europe we can file one trademark application for 27 countries.
CIVIL ACTION – Remedies available are:
A). Injunction of Trademark for similar goods (stop using theTrademark)
B). Loss of profit
CRIMINAL REMEDEIS
A).Seize of goods
B). imprisonment of person
A). Mark should be easy to speak and easy to write.
B). Must contain maximum vowels.
C). Should not be well known trademark.
D). Should not resembles with the existing registered or pending Trademark.
E). Invented words are highly registerable.
F). Should not contain the qualities of product.
G). should not indicate the geographical indication.
H). Should be registerable.
We cannot use the Trademark of other person in the Trade name. If we use the Trademark of other person than registered owner can take steps to stop the Tradename. (Only if he/she want to)
A). Trademark relates to name under which the product is sold in market. For e.g.- • BATA- Shoes • Liberty—Shoes • BMW—CAR • Godrej — Soap/Elmira
B). Copyright relates to: • Artistic work of mark • Colour scheme of the packing/label • Get up
Yes, In order to get protection of Trademark under the Copyright Act, it is necessary that mark should be registered under Trademark Act or Trademark application must have been filed for the same Trademark under Trademark Act.
Yes, Trademark is like a property it should be always in the name of current proprietor or partners of the firm. If there is change in the name of the firm, it must be recorded in the Trademark registry. If there is change in the address. It must be recorded in the Trademark registry.
• Name of the firm/company • Address • Name of the proprietor/partnership/director • Trademark to be registered • Goods/services • Period since you are using the trademark • LOGO — (soft or hard copy) if you want the application to be filed along with logo.
Design must be some Shape, Configuration, Pattern or Ornamentation or Composition of lines or colour applied to an Article/Product by industrial process or means.
Design registration is initially last for 10 years from the date of Registration and may be extended for further 5 years. Thus maximum period ofprotection is 15 years.
Any person who claims to be the owner of new or original Design which is not previously published in India, can apply for registration of Design.
A). Not new or Original
B). Disclosed to the public anywhere in India or in any other Country by publication or by use or any other way, prior to the date of filing.
C). If the Design resembles with the existing Design.
D). Containing obscene matter.
A). Proprietor of Registered Design can file a suit for infringement against the infringer and can claim damages.
Yes, It is possible to transfer the right through Assignment, agreement & Transition with terms and condition in writing or operation of law.
FORM-1 • Representation of an Article in the prescribed manner • Power of Attorney • Statement of novelty and disclaimer if any.
INFORMATION REQUIRED: • Name • Address • Constitution DOCUMENTS REQUIRED • Name of the product • Photographs of the product (7 views) i.e. ➢ Front ➢ Back ➢ Left side ➢ Right side ➢ Top ➢ Bottom ➢ Prospective View
A. Original literary, dramatic, musical and artistic works.
B. Cinematograph films; and o Sound recordings.
An artistic work means-o a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and o any other work of artistic craftsmanship.
The Copyright Act 1957 provides three kinds of remedies -administrative remedies, civil remedies and criminal remedies. The administrative remedies provided under the statute include detention of the infringing goods by the customs authorities. The civil remedies are provided under Chapter XII of the Copyright Act 1957 and the remedies provided includes injunction, damages and account of profit. The criminal remedies are provided under Chapter XIII of the statute and the remedies provided against copyright infringement include imprisonment (up to 3 years) along with a fine (up to 200,000 Rupees).
• 10(TEN) Photographs of “LOGO” or “ARTISTIC WORK” to be sent for Registration.
• Power ofAttorney in our favor to be sent at Trademark Office.
• No Objection Certificate duly signed from the Artist.
• Power ofAttorney in our favor to be sent at Copy Right Office.
1. The application with complete details and copies of the work is filed to the Trademark Registry on Form TM-C along with the govt. fee of Rs 5000/- to 9000/-
2. Thereafter, the application is examined and objections, if any, are raised.
3. Any extra documents, if required, are requested.
4. Thereafter, No objection certificate (NOC) is issued by the Trademark office.
5. Application is filed with the Copyright office, Delhi along with the No objection certificate (NOC) from the Trademark office along with the fee of Rs/- 2000.
6. The certificate is issued by the copyright office after the objections, if any, are overcome to the satisfaction of the Copyright Registry.