Sunday 12 February 2017

Trademark Registration Procedure in India



For an outsider looks at a business, the first thing they notice is a trademark. Identify where the business lies a trademark. It is a trade name and symbol under which its trade and commerce, which represents the company, and which operates under the auspices of its business is conducted. It identifies a specific person or organization.



Trademarks Act of 1999 in India, to prevent the fraudulent use of the mark and trademark for the purpose of providing better protection are regulated by the Trade Marks Act.

What Can Be Trademarked?

Trade Marks Act, 1999 and in India in accordance with the general legal position, the following may constitute a trademark:

  • Names
  • Invented or coined words
  • Numerals, letters, devices
  • Combination of colours and shapes of goods
  • Slogans
  • Domain Names
  • Signatures
  • Sounds (also known as sound marks)
  • Three-dimensional (3-D) marks

What Cannot be Trademarked?

.A confusing mark with some other markings intended to cause confusion.
.A sign that the religious sentiments of a class or section of Indians hurts.
.A mark that is indecent or obscene content scandalous. 
.Emblems and Names Act 1950, a mark (such as the Indian flag) prohibited under.

How to Choose a “Good” Trademark?

. Mark (s) should be easy to remember.
. It should be short and easy to spell and write.
. It can be aesthetically appealing.
.This model should not be descriptive in nature.
.To avoid confusion, it could be contrived and fabricated.

Computer, "Apple" is a non-descriptive and arbitrary mark, which is an example of good trademark does. "Kodak" is a term coined for the cameras; He also makes a good trademark. "555" for cigarettes, to make up for the software "Microsoft", "Lakme", are all good examples.

How Do You Apply For a Trademark?

    .I know that if there is a trademark similar trademarks that are already registered will.

    .An application for trademark registration. Through the government website you do it by yourself, or you can get a lawyer to do this. The application process of the Trade Marks Act, 1999 is set.
    .An application number is allocated to each pending registration,

    .The application is accepted, it will be published in the trademark journal. See no contradictions, your trademark will be registered for you. However, if there are contradictions, there Trademark Office marks the end of the hearing, a hearing to decide about the registration.

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