What can be registered as a trademark ?

Any word, name, device, label, numerals or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.

How to select a trademark ?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words. Please avoid selection of a geographical name. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc). It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

What type of trademarks CAN NOT be registered ?

Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.

Will my trademark registration be valid for all types of services and goods ?

Trademark registrations are distinctive to the goods or services it represents. Therefore, trademark registrations are made under a Class of goods or services it represents. The trademark registration will therefore be valid for the entire class of goods or services it represents.

What are the benefits of registering a trademark ?

The registration of a trademark confers upon the owner, the exclusive right to use the registered trademark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other

What is a trademark class ?

To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

What is the function of a trademark ?

Under modern business condition a trademark performs four functions:

• i. It identifies the goods/services and its origin.
• ii. It guarantees its unchanged quality.
• iii. It advertises the goods/services.
• iv. It creates an image for the goods/services.

Will my trademark registration be valid across the world ?

No, trademark registered in India will be valid only in India. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.

Can a foreigner or a foreign entity apply for trademark registration in India ?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

Who can apply for trademark registration ?

Any person claiming to be the owner of the trademark used or proposed to be used can apply for trademark registration. The person can be an individual, company, NGO, etc.

What are different types of trademarks available for adoption ?

Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service, letters or numerals or any combination thereof.The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or services.Devices, including fancy devices or symbols,Monograms, Combination of colors or even a single color in combination with a word or device, Shape of goods or their packaging Marks constituting a 3- dimensional (3D) sign. Sound marks when represented in conventional notation or described in words by being graphically represented.

What are the documents required for trademark registration ?

A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.

How long will it take to obtain trademark registration ?

Trademark application can be filed with the trademark registry in a matter of days. However, it will typically take 8 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

When can I use the TM mark ?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When can I use the ® mark ?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

How long is the trademark registration valid for ?

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark registration current.

What purpose the trade mark system serves ?

• i. It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.
• ii. It guarantees the identity of the origin of goods and services.
• iii. It stimulates further purchase.
• iv. It serves as a badge of loyalty and affiliation.
• v. It may enable consumer to make a life style or fashion statement.

How can a registered trademark be protected ?

In case there is infringement on a registered trademark, there are several ways to stop it or sue for damages. A legal suit can be filed in a District Court where infringement has occurred or arbitration proceedings can be initiated or other legal measures can be initiated to stop the trademark infringement.

Can I sell or transfer a registered trademark ?

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc., Trademark registration gives the owner of the trademark ownership over the trademark and any person wishing to use the trademark must obtain the registered trademark owners consent.