What is a Trademark?
A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs are used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. A SERVICE MARK is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs are used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. A SERVICE MARK is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
Any substance/matter for being a trademark shall fulfill the following conditions
It must be a mark as defined under section 2(1)(m).
Such mark must be of being represented graphically
Such mark must be of distinguishing the goods or services of one person from those of others
The mark must be in use or proposed to be used in relation to specific goods and or service.
Legislation:
The law of trademarks is governed by the Trade Marks Act, 1999. The Act seeks to provide for the registration of trademarks relating to goods and services in India.
Rights conferred by registration:
The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered.
Who can apply?
Any person can apply for registration of a trademark to the Trademark Registry under whose jurisdiction the principal place of the business of the applicant in India falls. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the companyfavour.
Requirements for filing Trademark application:
1. Name of the Trading style or Firm name, Company name.
2. Name of the proprietor or the name of the partners
3. Address of the Business Place
4. 20 Labels of trade mark logo in visiting card size or lettering style or device
5. Specification of goods to which the mark is applicable
6. Date of the first use of trade mark, if the mark is already in use. Otherwise application may be filed as proposed to be used
This you can verify from your first invoice
If the product is medicinal preparation, then you can verify from the Drug Endorsement made for the particular product in your drug license.
7. Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorized signatory in case if the applicant wants to engage the services of a Trademark Attorney.
8. If it is a Private Ltd Company or a Public Limited Company, please furnish the Memorandum and Articles of Association
Information:
Full name and address of Applicant. Specification of goods or services specified in terms of individual names.
Class: International Class of goods and services. Mark-character, device, figure, three-dimensional mark, logo and/or colour. Prior use is not required to file an application. Details of Convention Priority, if any first filed country, filing number and date; the term of priority is six (6) months.
Documents:
Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
