"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."
Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination
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
To register a trademark the mark must be;
- Unique for the goods or services which you are applying to register it for.
- Not deceptive, or contrary to law or morality.
- Not similar or identical to any earlier marks for the same or similar goods or services.
Symbols
A trademark may be designated by the following symbols:
TM (the "trademark symbol", which is the letters "TM" in superscript, for an unregistered trademark, a mark used to promote or brand goods)
SM (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services)
R the letter "R" surrounded by a circle, for a registered trademark)
Documents Required for Trademark Registration
While filling a trademark with the Trademark Registrar, one has to provide the following documents.
- Name of the applicant
- Type of Business
- Main Objectives of the Business
- Name of the Brand/ Slogan/ Log
- Name and address of the invidudal
- In case of partnership firm name of the firm and Details of the partners
What can be trademarked?
Product
A product mark is similar to trademark only, but it is to identify the products or goods instead of services. To safeguard the product category and avoid any duplicity of the same a product mark is registered.
Service
A service mark is used to identify and distinguish the services rather than the products provided by any enterprise. The service mark is for the intangible products.
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Shape
The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.
Pattern
The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.
Collective
As the name suggests these marks are linked with a group of people and not one single product or service. These trademarks are primarily owned by an organization, institutes or any association that is related to several members.
Certification
The certification mark is created to show the standard of a company i.e. it is to show that a trader's goods or services are certified as meeting particular standards.
Sound
The another form of trademark where the "mark" is of sound graphics that distinguishes the products and services of one from the other. Only those notations of sound that are graphically represented can be registered as trademarks.
Colour
The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.
Word
A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.
Numbers
The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.
Device
A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.
Packaging
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
Who can apply for a Trademark?
Who can obtain a trademark is depend on the applicant type:
- In case of an individual, the application can be filed in his own name.
- In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
- Foreign proprietors can also apply for registration of trademark in India.
- In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
- In case of a partnership, the name of all the partners is required to mention in the trademark application.
- In case of LLP, the trademark application must be made in the LLP name.
- In case of a company, the application must be made in the name of the company only.
Applicable Act
The law of trademarks is governed by the Trade Marks Act, 1999. The Act provides for the registration of trademarks relating to goods and services in India.
Note: Registration is not mandatory but it is worthwhile to do so.
Legal Requirement for the Registration of a Trademark
Mark should have the quality of being represented graphically i.e. in the paper form.
Mark should be capable of distinguish the goods/services of one party/ person from others i.e. it should be distinctive.
Mark should be used or proposed to be used in relation to goods/services for the purpose of representing or so as to represent a link in the course of trade between the goods/services.
A Trademark registration is valid for 10 years and the registration can be renewed every 10 years thereafter upon payment of renewal fee.
Steps of Trademark Registration
1. A preliminary search of existing Trademark.
2. An application for the registration of Trademark.
3. An examination of your application by the Trade Mark Registry (TMR).
4. Publication of your mark in the Trademarks Journal.
5. Opposition to the registration.
6. Correction and amendment in the application.
7. Acceptance of Registration.
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