These slides describes the various aspects of trademark such as registration ,opposition , duration etc. A trade mark (popularly known as brand name) in layman’s language is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

1. Trade mark

2. Trade Mark
O A trade mark (popularly known as brand name) in
layman’s language is a visual symbol which may be a
word, signature, name, device, label, numerals or
combination of colors used by one undertaking on goods
or services or other articles of commerce to distinguish it
from other similar goods or services originating from a
different undertaking.

3. Trade Mark classes
O There are totally 45 classes listed in Fourth Schedule
of the Trademarks Act.
O Each class provides a list of goods and services and
O A trademark that is intended to be used for any goods
or services has to be registered under the class that
lists such goods or services.
O Registration of a trademark in one class gives rights to
the owner to prevent others from using the same or
similar trademark with any goods or services relating
to entries under that class.

4. Trade Mark classes
Contd…
O Registration of trademark in one class does not prohibit
others to use or register the mark for entries in other classes
O If any goods or services are not specified in any of the
classes, the Registrar will have to discretion to determine the
class under which a trademark used for such goods or
services can be registered.

5. REGISTERATION PROCEDURE

6. REGISTERATION PROCEDURE
O An undisputed registration process would take
around twelve to fifteen months involving phases
O a) Filing of TM Application,
O b) Examination Report and reply
O thereof, c) Hearings, if required,
O d) Acceptance before Advertisement,
O e)Publication in TM Journal, and
O f) Issuance of Registration Certificate.

7. Flow Chart of registration
process

9. O After the trade mark is published in the TM Journal
any person can file opposition within four months from
the date of publication.
O After hearing both the parties the Registrar of Trade
Mark shall decide accordingly and register or reject
the trade mark.

10. Trademark Search
O Trademark registration procedure starts with a 'trademark search'.
O A trademark search can be done on the database at the
trademark office.
O A person can either perform a trademark search on his/her own by
paying the prescribed fee of Rs.400 for Fifteen Minutes or
O request the trademark office for an official search by paying
prescribed fee of Rs.500 per mark per class.

11. Trademark Search Contd…
O The official trademark search report takes a minimum
period of one month.
O The report identifies registered trademarks that are
same or similar as the mark for which a search is
requested and gives an opinion about possibility of
getting the mark registered.

12. Preliminary Advice by
the Registrar
O If not satisfied by the Search Report
O An application for preliminary advice by the Registrar
shall be made in respect of any goods comprised within
any one class in the Fourth Schedule by paying
prescribed fee of Rs.1000/-.

13. Application
O Any person claiming to be the proprietor of the
trademark used or proposed to be used by him can
apply. The application may be made in the name of
an individual, partners of a firm, a Corporation, any
Government Department, a Trust or joint applicants.
O The proposal to use the trademark may be by a
Company to be formed or by an individual.
O An agent/ advocate can file application on behalf of
his client who empowers him through a power of
attorney (Form TM-48) on Rs.100 Stamp Paper.

14. Filing
O A Trademark application has to be made on TM1 in
triplicate along with five additional representations of
the Trademark for registration of single mark in single
class by paying Rs.2,500/- prescribed fee.
O In order to apply for more than one class, a Single
application can be made on TM51 in triplicate along
with five additional representations by paying
prescribed fee of Rs.2,500 per class.

15. Filing
O To apply for more than one trademark (Series of
Marks) for same class of goods, a single application
can be made on TM8 in triplicate along with five
additional representations by paying the prescribed
fee per mark per class.
O On filing a trademark application an application
number will be allotted.

16. Examination
O The application is examined within one
month from the date of application to check
if it meets the requirements of the
Trademarks Act 1999.

17. Examination Contd…
O Requirements provided under Section 9 & 11 are as
follows:
O The trademark,
1. Should be distinctive;
2. Should not be descriptive;
3. Should not be generic;
4. Should not be deceptive;
5. Should not hurt the religious sentiments of any class or
section of the citizens of India;

18. Examination Contd…
6. Should not contain scandalous or obscene matter;
7. Should not contain marks prohibited by Emblems and names
(prevention of improper use) Act, 1950;
8. Should not be the shape of goods which results from the nature
of the goods;
9. Should not be identical with an earlier trademark;
10. Should not be prevented by virtue of any law and in particular
the law of passing off; and
11. Should not be a well known trademark.

19. O If the trademark meets all requirements of the Act, the trademark
will be accepted for registration. If there are any objections, the
registry will send an examination report stating the reasons for
objection.
O The response to the objections can be filed within one month from
the date of receipt of the examination report. The response can be
sent by way of an affidavit and a hearing can be requested if
necessary.

20. Publication
O If the trademark is accepted for registration,
the details of the application will be
advertised in the Official Journal of
trademarks within six months from the date
of acceptance of application.

21. Opposition
O On advertisement, any person who believes that a
trademark should not be registered may oppose its
registration within three months from the
advertisement date stating the grounds of opposition.
O All the requirements of the Trademark Registration
are valid grounds for opposition. If no opposition is
filed against the application, or if opposition is
unsuccessful, the trademark will be registered.

22. Registration
OTrademarks Registry of India will then send a
Certificate of Registration and record the details of
the trademark in the Register of trademarks.
OThe trademark will be registered from the date of
filing of application, not from the date it was
examined or accepted.

23. Trademark Duration
O The term of protection of a trademark is unlimited.
However, it has to be renewed every ten years from
the date of filing to keep it alive.
O Non-use of the trademark for a period of five years
would result in loss of the trademark.

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