Centrafest Technologies (Mumbai) Pvt. Ltd.
Trade Protect - Get Trade Mark Easily for Sure

Trade Protect :
A copyright protects an original artistic or literary work; a patent protects an invention...
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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 an invention.

Following is the Fee-Schedule for the various services offered by Mahtta Trademark Company for application / registration in India.
 

Procedure to be followed before applying for registration.



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 registered.

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 matter.

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.