A trademark might comprise of drawings, shape, number, symbols, word, sound and packaging of goods or colour could also be used as characteristic feature.
1. ™ (unregistered trademark symbol)
2. ® (registered trademark symbol)
As per Indian law, symbol ® can only be used by the owner of a registered trademark. However, there is no prohibition on the application of the symbol ™ .
Qualities of a good trademark:
A good trademark should possess the following qualities-
Easy to pronounce, spell, remember.
Not to have deceiving similarity.
Should be distinctive.
Should be explanatory.
Puffery words such as best, perfect etc. should be avoided.
Note: Registering trademark 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 distinguishing 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.
Forms for registration:
Forms for new registration applications are depending on the nature of below mentioned applications:
FormTM - 5: To file a notice of opposition for an application published in the trademarks journal
Form TM - 12: For renewal of a registered trademark
Form TM - 10: Surcharge for belated renewal
Form TM - 13: Restoration of removed mark
Form TM - 26: Application for rectification of a registered trademark
Form TM - 46: Legal Certificate
Form TM - 54: Official search request
Form TM - 55: Preliminary advice of the Registrar regarding registration of a mark
Form TM - 60: Copyright search request and issuance of certificate
Requisite document and information for trademark registration:
Power of Attorney signed by the applicant. In the case of corporate body, it should be signed by the director or legal representative of the company. Also, note that the power of attorney need not be legalized or notarized.
20 (Twenty) prints of label. For words, mark / label is not required.
Name of the trademark / service mark to be registered.
Full names, address, nationality and nature of the business of the applicant.
Full name & nationality of the proprietor / partners of the applicant firm.
Date of first use of the trademark / service mark in India, if any or whether it is proposed to be used.
List of goods / services and classes or services according to the international classification.
Translation of the non-english word appearing on the mark.
Exact meaning of the mark, if any in the foreign language other than the english language.
In order to make sure that your registration should not get refused if same trademarks are already registered / appeared on the Trademark Registry and to facilitate quick and easy registration, we provide a comprehensive trademark search to our clients.
We conduct trademark searches of the name(s) that you desire to register in respect of the products / services you want to offer. Our report will list identical/similar marks appearing on the Registry.
We also advise our clients with:
- How to avoid contravention.
- How to proceed for registration in case similar / identical trademarks appear on the Trademark Registry.
Trademark Filing & Registration:
Registration of a trademark has its own benefits as it will give you exclusive legal rights on your trademark and provides better protection of your mark. Here our services include:
Filing trademark application
Preparing responses to Trademark Registry Office (TRO) actions
Filing opposition and responding to an opposition
Attending opposition hearings whenever required to its final registration
Handling trademark registration issues
A trademark is valid for a period of ten years after its registration but after 10 years it should be renewed for another period of ten years. If a trademark is not renewed before six months of its expiry date than it will be removed from the register of Registrar. Our team prepares a renewal instruction letter and the same will be forwarded to the TRO and the docket records will be updated.