Trademark Veena (Siya) Ajay Lala, Company Secretary, LLB, MBA (Finance) Contact No. +91 9594939128 Email id: VEENA.BAJAJ@GMAIL.COM VAL & Associates Legal Consultants Practising Company Secretaries

Trade Mark (i) What is Trade Mark? Answer: A trademark is typically a name, word, phrase, logo, symbol, design, image, sound or a combination of these elements. (ii) How is Trade Mark registered? The trademark symbol is a symbol to indicate that the preceding mark is a trademark. TM (for an unregistered Trademark), SM (for an unregistered Service Mark) and (for a registered trademark).

Trade Marks

Public Search of Trade Mark Website: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Types of Trade Marks Trademarks are of various types: Product marks, Service marks, Collective marks, Certification marks, and Shape marks, etc. 

Contd…. Types of Trademark: 1. Product Mark: A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services.

Contd…. 2. Service Mark: A service mark is the same as a trademark, but instead of a particular product, it identifies and differentiates the source of a service.

Contd…. 3. Collective Marks: These are the trademarks used by a group of companies and can be protected by the group collectively. 

Contd…. 4. Certification Mark: It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics. 

Contd…. 5. Shape marks: According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging, so long as it is possible to graphically represent the shape clearly.

Contd…. 6. Pattern Mark: These are the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings. Such goods/services are registrable as Pattern Marks.

Contd…. 7. Sound Mark: The sound that plays in the advertisement becomes so well known that when people hear it they immediately know what product/service it refers to. In such cases, the sound may be regarded as a trademark and is eligible for registration.

Registration of Trade Mark Application of Trade Mark: The application for the trademark can be filed within few days and “TM” symbol can be used. Time required for registration: The time required for trademark registry, to complete formalities is generally around 18 to 24 months. Registered Symbol: The ® (Registered symbol) can be used next to the trademark once the trademark is registered and registration certificate is issued. Validation: Once registered, a trademark will be valid for 10 years from the date of filing, which can be renewed time to time.

List of well-known-trademarks Proprietor 7 O'CLOCK for shaving razors Gillette U.K. Ltd., England BAJAJ Bajaj Electrical Limited BISLERI Acqua Minerals Ltd., DR.REDDY In respect of pharmaceutical products. Dr.Reddy Laboratories HONDA Honda Motor Co. Ltd. https://ipindiaonline.gov.in/tmrpublicsearch/well-known-trademaks-updated.pdf

TMClass TMclass helps you to search for and classify Goods and Services (terms) needed to apply for trade mark protection.

Procedure for Trademark Registration Step 1-  Trademark Search(search whether a particular brand name is available in a class which belongs to the goods/services you are dealing in) Step 2 - Trademark Filing: (After the search availability and after initial documentation, the trademark filing is done) Step 3 - Examination of the Trademark(Once the application is filed ,the trademark examination department scrutinizes the application and raises a report in case of any objections or further explanations) Step 4 - Trademark Hearing(After replying to the report, if the registrar is not satisfied he may call up for a personal hearing)

Contd…. Step 5 - Trademark Publication (After hearing/scrutiny the mark is published in the trademark journal which remains open to the general public inviting oppositions if any) Step 6 - Trademark  Registration (if no opposition received, the trademark is registered) 

Trademark Filing 1. Name of the applicant : 2. Address of the applicant :  3: Sales figures on letter head in case if you are using the brand name already  .

Term- Trade Mark The term of protection starts on the application date and ends after ten years, on the last day of the month of the application date.

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