Date : September 08, 2017
Trade Mark means (1) a mark capable of being represented graphically and (2) which is capable of distinguishing the goods or services of one person from those of others (that is, it must be distinctive). It may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, logos, colours, slogans, three-dimensional shapes and even sounds.
Advantages of Trademark and Registration
Registration of Trademark
For the purpose of registration, a chosen mark should not be deceptively similar to an existing mark of another person. Marks which are only indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or already common place in the trade due to their customary use, may not be registered. However, such restrictions shall not apply to marks which have become well-known and distinctive by virtue of continued use and popularity.
Who can Apply for Registration?
A person claiming to be the proprietor of the mark can apply for registration in respect of certain category of goods and/or services. It is to be noted that registration is to be done only in relation to category/ies of goods or services, based on international NICE classification of goods available Here. In case one’s mark is to be used in respect of different categories, multiple applications in respect of each class is preferable as it increases possibility of registration during prosecution.
There are five Trademark Registry Offices in India – New Delhi, Mumbai, Kolkata, Chennai and Ahmedabad. The application is to be filed at the Trademark Office under whose jurisdiction the principal place of business of the Applicant is situate.
When the principal place of business is outside India, then application may be filed, along with power of attorney, in the Trademark office under whose jurisdiction the office of the lawyer appointed is located. In case a company is about to be formed, anyone may apply in his name for subsequent assignment in the company’s favour.
Duration of Registration
The term of registration of trademark is 10 (Ten) years, but may be renewed upon payment of prescribed fee. An application for renewal of a trademark can be filed within six months from the expiry of last registration of trademark.