TRADE MARK IN INDIA

TRADE /SERVICE MARK : A Trade/ Service mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
MARK : A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or any combination thereof.

SEARCH :  Search of a Trade Mark is not mandatory but is advisable, especially when you are going to make big investments i.e., planning to start a new Trade mark for your product or provide services.

TO REQUEST A SEARCH PLEASE CLICK HERE

TRADE MARK SEARCH CAN BE DONE AT TWO LEVELS:

1. On the basis of records available with us, i.e, of marks advertised in trade marks journals and report shall be provided to you in one working day.
2. Government level, of the marks either registered or pending for registration and the report available is up-to-date and report shall be provided to you in two working days.

THE REQUIREMENTS FOR FILING A TRADE MARK APPLICATION IN INDIA :

1. Full name, address & nationality of applicant(s).
2. description of trade mark, one print if the mark is in label form.
3. List of all items (goods) / services to which the mark is applied or proposed to be applied for.
4. Date since used, if the mark is already being used in india.
5. List of countries with date, where the mark has already been applied for.
6. POWER OF ATTORNEY.

The Application is filed.PROCEDURE OF REGISTRATION :-

1. Then the application is examined by the Trade Mark Office and objections, if any, are raised.
2. After clearing the objections, if any, the mark is advertised in Trade Marks Journal & is open to third party opposition period of 4 months.
3. The registration certificate is issued in 4-6 months after the completion of opposition period, if there is no opposition by the third party during this period.
4. In case of opposition, registration certificate is issued when the opposition is dismissed.

RENEWAL :
The Trade Mark once registered has to be renewed after every 10 years.

TERM OF TRADE MARK :
UNLIMITED - as long as it is renewed as per law.