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Trademarks - A need.

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What do you mean by trademark?

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Trademarks - A need.

  1. 1. Trade Marks Act,1999 TRADE MARKS
  2. 2. Key Areas KEYAREAS Introduction Qualities of Good Trade Mark Registration Process Class Search 2 KEYAREAS Public Search TM Applications and it’s fee Examination Report and Responses Acceptance and Advertising Certificate of Trade Marks
  3. 3. INTRODUCTION A trademark is a visual symbol which may be a word - Har Din Fashion Karo name - Athreya Device -Device - Label - Numerals - combination of color -
  4. 4. Easy to pronounce, spell, remember. Should be distinctive and should not have deceptive similarity. Should not be descriptive. QUALITIES OF A GOOD TRADEMARK 4 Should not be descriptive. Laudatory words such as best , perfect etc., to be avoided.
  5. 5. Definitions Trademark •Trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of trader. •A collective trademark or collective mark is trademark owned by an organization (such as an association), whose members use it to identify Collective Mark organization (such as an association), whose members use it to identify themselves with a level of quality or accuracy, geographical origins, or other characteristics set by the organization. Example “CS” device used by the Institute of Company Secretaries of India . Service Mark •A Service mark is same as a trademark except that it identifies and distinguishes the source of a service rather than a product
  6. 6. HOW IS A TRADEMARK DESIGNATED IN INDIA ? TM - For an unregistered trademark, - For a registered trademark. A trademark is designated by the following - that is, a mark used to promote or brand goods.
  7. 7. Registration Process Application in TM-1 Form Issue of Examination Report Accepted Objections raised Publication in Journal for public opposition If no objections, Accepted Issuance of Certificate of Registration Reply to ER Hearing date will be fixed Accepted Refused/Withdrawn/ Abandoned
  8. 8. INFORMATION REQUIRED FOR REGISTRATION OF TRADE MARK/SERVICE MARK IN INDIA 1. Name of the Company (Applicant) 2. Constitution of the Applicant (Individual/ Sole Proprietorship/ Partnership / Society / Limited Company/ Trust ) 3. Name(s) of Proprietor/Partners/ 6. Nationality of the Applicant 7. Mention the Trade Mark to be registered 8. Mention Goods / Services in respect of which the Trade Mark is to be registered Managing Director 4. Address 5. Name of the Contact Person With Designation /Telephone/Mobile/Fax/Email 9. Date of first use of the Mark by you in India, if any 10. Previous owners and other particulars, if any
  9. 9. CLASS SEARCH THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002 NICE CLASSIFICATION OF TRADEMARK 1. Brief Classification of Goods and Services 1. Lengthy Classification of Goods and Services 2. Goods - Class 01 to Class 34 Services - Class 35 to Class 45 2. List of Good & Services in Class Order List of Good & Services in Alphabetical Order 9 3. Under Trade Marks Rules 2002 _ Only India 3. Under World Intellectual Property Organization (WIPO)- 83 Countries
  11. 11. HOW TO DO PUBLIC SEARCH ? 1. SearchType :- Word Mark 11
  12. 12. 12
  13. 13. 2. SearchType: Phonetic
  14. 14. TM APPLICATIONS - FIRST SCHEDULE OF TRADE MARK RULE Sl.N O Particulars Statutory Fee Corresponding Form Number 1. Application to register a trade mark for a specification of goods or services included in one class [Section 18(1)] 4000 TM-1 2. On a single application 4000 – per TM-512. On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services. 4000 – per class TM-51 3. Form of Authorization of Agent in a matter or proceeding under the Act [Sec 145 and rule 21 NA TM-48
  15. 15. Sl.NO Particulars Statutory Fee Corresponding Form Number 4 Correction of a clerical error or for amendment under section 18(4), 22 and 58 500 TM-16 5. On request for a duplicate or further copy of certificate rule 500 TM-59 further copy of certificate rule 62(3) 6 For renewal under section 25 of the registration of a trade mark at the expiration of the last registration 5000 TM-12 7. On a request under rule 40(1) to state grounds of decision 10000 TM-15
  16. 16. EXAMINATION REPORT AND THEIR REPLIES The objections When a trademark application is received by an examiner, it has to be verified whether the application can be allowed to be registered. In general, examiners would look into the following aspects Information and Format – They will check if the application has beenInformation and Format – They will check if the application has been filed in the correct form, whether all the relevant details are included and the specification of goods/services mentioned fall under the appropriate class. Absolute Grounds – The next aspect examiners look into, is to see whether the trademark is distinct and it does not describe the goods. Example If a baker got the trademark “bakery” or “baker” registered, no other baker would be able to operate.)
  17. 17. Once the Application has been made to the trade mark authorities, the applicant must wait for a minimum period of 6-8 months to get the Examination Report from the trade mark office. Response to Examination ReportResponse to Examination Report If the examiner has any objection as mentioned above, an Examination report will be uploaded in the website of the trademark registry specifying the grounds for objection. The trademark applicant or the attorney of the applicant has to file a response to the objections raised in the examination report within 30 days from the date of ER. While there is no fixed format or requirement to be complied with, there are certain factors that need to be kept in mind while drafting and filing a reply.
  18. 18. Hearing After the filing of Response to Examination Report, a show cause notice for hearing will be sent to the applicant or Authorized person to appear for hearing. Acceptance and Advertising in the TM Journal After hearing, if our logo or mark is allowed by the trade mark authorities then “Acceptance of Trade mark” will be published in Trade Mark Journal and the Hearing/Acceptance/Certificate of Registration “Acceptance of Trade mark” will be published in Trade Mark Journal and the trade mark authorities will wait for 30 days from the date of publication to note if any public opposition is raised. Certificate of Registration of Trademark If no objection is filed, or if the objection is dismissed by the Registrar, he shall enter the trademark in the register and a Registration Certificate shall be issued.
  19. 19. Note: If, a trademark is rejected, then the decision of the Trademark Registry is appealable to the Intellectual Property Appellate Board. A Trademark is valid for ten years, It shall be renewed after the expiry of the time period on payment of requisite fees.
  20. 20. Certificate of Registration of Trade Mark, Section 23 (2), Rule 62 (1) of Trade Mark Act, 1999
  21. 21. Thank you for your kind attention