A copyright protects an original artistic or literary work; a
patent protects an invention...
What is a Trademark?
A TRADEMARK is either a word, phrase, symbol or design, or
combination of words, phrases, symbols or designs, which
identifies and distinguishes the source of the goods or services
of one party 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. Throughout this explanation
the terms "trademark" and "mark" are used to refer to both
trademarks and service marks whether they are word marks or other
types of marks. Normally, a mark for goods appears on the product
or on its packaging, while a service mark appears in advertising
for the services.
A trademark is different from a copyright or a patent. A copyright
protects an original artistic or literary work; a patent protects
Following is the Fee-Schedule for the various services offered by
Mahtta Trademark Company for application / registration in India.
Fees in INR
Report (for registered indexes in selected 43 classes).
Application Complete Process to get ‘TM’ for your Trade Name or
You will get a unique ‘TM’ number for your application.
a) Trademark query
report - reply documentation & submission
b) Hearing Call
attendance on your behalf (additional traveling , lodging &
boarding charges for other than Maharashtra & Goa are applicable
on at actuals.)
c) Receipt of
acceptance order subjected to successful clearing against hearing
‘Registration Mark’ certificate.
Design for your
Logos based on your theme/idea of business.
Frequently Asked Questions:
What is a trade mark ?
A trade mark popularly known as brand name, is an identification
symbol which may be a word, a device, a label or numeral etc. or a
combination thereof used in the course of trade to enable the
purchasing public to distinguish one trader's goods from similar
goods of other traders.
How to select a Trade Mark ?
a. A trade mark may be a word, letter a device or numeral or any
combination thereof. It is better if it is simple in design.
b. If it is a word it should be easy to speak, spell and remember.
c. The ideal word for a trade mark is an invented or coined word.
d. Words which are laudatory or which directly describes the
character or quality of the goods should not be adopted.
e. Geographical names connected with the reputation or quality of
the goods for which registration is sought should not be adopted.
Procedure to be followed before applying
a. It is advisable to conduct a market survey through
an investigating agency etc. to ascertain whether any identical or
deceptively similar mark is used for the same goods by any other
person in the market.
b. It is advisable not to imitate another persons trade mark or
any other well known trade mark even if the goods are different.
e. Also a personal inspection or search through the records of the
Trade Marks Registry on payment of a prescribed fee of Rs.1026/-
per search application may be done.
Are all trade marks registrable ?
No. It is not possible to register a trade mark which is
confusable with a trade mark of another trader who has been using
the trade mark earlier for the same goods or a trade mark which
describes the character or quality of the goods which other
traders may reasonably want to use in the course of their
business. The mark should not conflict with a trade mark already
registered or pending registration in respect of similar goods.
Also some marks are prohibited from registration under the
directions of the Government.
How is registration obtained in India ?
By filing an application in the prescribed form with fee of Rs.
6480/- in one of the five office of the Trade Marks Registry
located at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad depending
on the place where the applicant resides or has his principle
place of business. The application is examined to ascertain
whether it is distinctive and does not conflict with existing
registered or pending trade marks and examination report issued.
If it is found to be acceptable then it is accepted and advertised
in the Trade Marks Journal to allow others to oppose the
registration. If there is no opposition or if the opposition is
decided in favour of the applicant then the mark is registered and
a certificate of registration is issued.
How to apply for registration of a Trade Mark ?
After following the above procedure an application for trade mark
may be made on form TM-1 with prescribed fee of Rs. 6480/- at the
appropriate office of the Trade Marks Registry. The appropriate
office means the office within whose territorial limits the
applicants resides or has his principle place of business in
India. In case of foreign applicants the place mentioned as the
address for service in India will determine the appropriate office
at which the application should be filed. During the process of
Trade Mark to Register (R) mark conversion.
Rights conferred by registration
The registration of a trade mark confers on the registered
proprietor of the trade mark the exclusive right to use the trade
mark in relation to the goods in respect of which the trade mark
is registered and to obtain the relief in respect of infringement
of the trade mark by others. The registration of a trade mark is
not compulsory. However, without registration a owner of a trade
mark cannot bring an action for infringement to protect the mark
if it is copied by others. Suing for infringement of a trade mark
is much simpler than launching a common law action for passing off
to protect any unregistered trade mark.
Is Registration of a trade mark compulsory ?
No. Registration of a trade mark is not compulsory, but without
registration the owner of a trade mark cannot bring an action for
infringement to protect his mark if it is used by others. Suing
for infringement of a registered trade mark is much simple than
launching a common law action for passing off to protect an
unregistered trade mark in that the owner of a registered trade
mark can base his case simply upon the fact that his mark has been
How necessary is to get professional help ?
As registration of a trade mark is a specialized area of work it
may be necessary to employ the services of a trade mark agent or
attorney. However, this is not compulsory and the applicant may
correspond directly with the Trade Marks Registry and handle the
Safeguards to be taken by the owner of a registered trade mark
to protect his rights ?
a. He should use and renew the trade mark regularly and in time.
b. If his trade mark is copied by others he should file a suit for
infringement and passing off and also take criminal action.
c. He should keep a watch in respect of trade marks advertised in
the Trade Marks Journal and institute opposition proceedings if
identical or deceptively similar trade marks are published.
d. He should initiate rectification proceedings if an identical or
deceptively similar trade mark is registered.