Trademarks
Protect your value-added goods and/or specialized services as a trademark in India. A trademark can be a valuable asset in building the profitability and goodwill of your business to help the vast array of brands to get recognized and distinguished easily, there are trademarks. Trademarks create and protect the goodwill of manufacturers and service providers. Trademarks are a highly recommended solution for brand protection as it can be extended indefinitely, unlike a patent. Trademarks such as Pepsi, Bisleri, TATA, Canon, TOSHIBHA, and INTEL serve as an indication of the origin of the goods / Services as well as an indication of quality.
Innovative Consultants advice and guide its clients from the stage of search of trademark to its enforcement, so that protection is obtained and upheld. Innovative Consultants provides services with respect to:
• A search is conducted at the Trademark Registry in respect to mark sought to ascertain whether the same could be registered.
• Suggestion and creation of distinctive trademarks.
• Advice on registrability of the trademark and Drafting and filing the Trademark Application duly signed by the Applicant.
• Filing of Trademark Applications.
• Attending and Replying to the official objections if any.
• Attending Hearing in the matter if posted by the Department.
• Publication of the mark in the Trademark Journal and forwarding the copy of publication to Applicant.
• Obtaining a certificate of registration in absence of third party oppositions.
• Counter the Opposition or oppose the registration of trademarks
• Assignments of trademarks , registered / unregistered
• Licensing of trademarks
• Renewals of trademarks
• Restoration of trademarks
• Revocation/ rectification
• Trademark watching, monitoring and surveillance
Requirements
• The full name, address, and nationality of each applicant. The trade description of the application viz. (manufacturer, merchant, trader, exporter, service provider, dealer, etc.).
• A representation of the mark to be registered. If the mark is a device mark, label or a logo, or if the mark is to be represented in any colour other than
black and white, we will require at least 15 colour prints of the mark. These can of course, be prepared by our office provided sent to us by e-mail or post / courier etc., if desired.
• The specification of goods for which the mark is to be registered.
• The date of first use of the mark in India, if any, or whether the mark is proposed to be used.
• A power of attorney duly signed by each applicant or by an authorised signatory of the applicant company. This can be filed subsequent to filing of the
trade mark application if the applicant is not a resident of India. We shall provide you with a duly completed power of attorney for signature, subsequent to the filing of the application or you may print the same from attachment provided.
Frequently Asked Questions About Trademarks
What is the function of a trade mark?
• Under modern business condition a trade mark performs four functions
• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.
Who can apply for a trade mark and how?
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.
How to apply for a trade mark in respect of particular goods or services?
It is provided under the Trade Marks Act, 1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trademarks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.
Trademarks in India may be designated by the following symbols:
™ tm for an unregistered trademark, that is, a mark used to promote or brand goods; SM sm for an unregistered service mark, that is, a mark used to promote or brand services; ® r for a registered trademark. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
