1. Trademark
Veena (Siya) Ajay Lala, Company Secretary, LLB, MBA (Finance)
Contact No
id:
VAL & Associates Legal Consultants Practising Company Secretaries

2. 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).

3. Trade Marks

4. Public Search of Trade Mark
Website:

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

6. 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.

7. 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.

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

9. 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. 

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

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

16. 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)

17. 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) 

18. 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  .

19. 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.

20. Thank You