India Trademark Services


End-to-End Trademark related services

 

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Trademark Registration India services provided by TMPsearchers are guaranteed to match the best in the industry and guaranteed to be lowest cost Trademark Registration services in India. We guarantee the that we provide the best quality of the work and employ highly trained and Experienced Attorneys, Paralegals and consultants to handle your Application for Trademark Registration. We are retained by more than 1000 clients in 20 countries of the world and we have obtained hundreds of Trademark Registration certificates for our clients.

To protect your trade name or brand name or Logo you have to file an application for trade mark registration. You can start using the TM mark in the top right hand corner of your trade mark as soon as the application for Trademark Registration is filed.

However, the R within a circle mark ® can be used only after the trademark is registered.

Before filing an application for trademark registration, a search of the existing trademarks should be done to identify any similar trademark already filed. If there are similar trademarks already filed, the Trade Mark registry will not approve your application. Hence it is important to search all the existing trademarks filed with and available in the trademark database of the Trade Marks Registry. Once a positive Trade Mark search report is obtained, you may apply for your trademark registration.

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TRADEMARK REGISTRATION PROCESS

REQUIREMENTS FOR FILING APPLICATION FOR TRADEMARK REGISTRATION:

  1. Power of Attorney (We will prepare and send it to you for your signatures)
  2. Trademark (LOGO OR WORD) (as intended to be used) to be registered.
  3. Name, age, Father's name, address, nationality, contact numbers of the applicant.
  4. Name, age, Father's name, address, nationality, contact numbers of the authorized signatory (in case of a corporate).
  5. If the applicant is a partnership firm, Name, address, nationality, contact numbers of all the partners must be given.
  6. Description of good or services and whether the mark is already in use or proposed to be used.

II. If the Office Issues a Negative Examination Report we have to file a Response to Examination Report, possibly an Amendment to the application and a supporting affidavit by the applicant and we also have to attend a Hearing before the Office.

If No Amendment Application is needed the fee for the Trade Mark Registration Process under step II

If Amendment Application has to be filed during Trademark Registration Process, a separate Fee for the process under Step II

Our charges are for the trademark application and process for trademark registration does not include any third party opposition to your trademark application. Please note that our fee is for one trade mark in one Trademark classification only. We have to file separate Trademark application for goods and services falling in different Trademark classification.

The initial fee is payable to us in advance. The fee under Step II would be charged if there is a need when the examination report is received from the office ( 4 to 8 Months). Then the fee under Step II would have to be paid.

Trademark Registration Procedure - Trademark Registration Process and Expected Schedule

Our Fees cover actions listed below until the trademark application is advertised.

  1. We will receive within the next 3 days your trademark application number allotted to your trademark application. We will scan it and send it to you along with the link where you can see the status of the progress in your case. Your trademark application is likely to be updated to the database within one month and then you can follow online the progress in your case.
  2. Expect three to six months to pass before the office takes up your application for trademark registration for an initial review and then they will send an Examination Report for Trademark Registration within the first six to nine months of filing. This is routinely done and objections are routinely raised routinely.
  3. We will file a response to office action and ask for a personal oral hearing before the Registrar of Trademarks within one month of the office action on your application for Trademark Registration.
  4. Expect another nine months to fifteen months to pass before the oral hearing opportunity is scheduled by the Trademark office. When we present our arguments the Registrar of Trade Marks will direct the application for Trademark Registration to be amended or require some other proof provided before he directs the application for Trademark Registration to be advertised in the Trade Marks Office Journal for public notice and possible Trademark opposition.
  5. The trademark application is likely to be advertised in Months 21+. A period of 4 months is available to third parties to oppose your application for Trademark Registration.
  6. If No Trademark opposition is filed the trademark application will be automatically granted and the certificate of Trademark Registration will be sent to us in Months 30 to 36 by the office.
  7. If trademark opposition is filed the application for trademark registration is converted in to a Trademark opposition case and it is treated as a contested case and separate procedures and separate charges apply. Fee is charged for the Trademark Oppositions are significant since about 100 Attorney hours are needed to handle an Trademark opposition.

So until the end of 24 months from now you are not going to have any trademark opposition from any one.

The moment an application for trademark registration is filed you can put TM on the top right hand corner of your mark and market your goods. TM in India signifies that you have applied for the trademark registration and the same is under consideration of the Trademarks Office.

Trademark Registration Status - You can learn the status of your Trademark Application filed in India for Trademark Registration by viewing the Trademark Registration Status page of the IPIndia website at this page: View you Application for Trademark Registration Status Details

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REQUIREMENTS FOR FILING A TRADEMARK APPLICATION

1. A positive Trademark Search report that confirms that the mark can be filed and Trademark Registration obtained.
2. Power of Attorney
3. Logo of the client in jpg format.

Before filing an application for Trademark Registration you must know the following. Take an informed decision on India Trademark Registration.

How can I select a Trademark that will get a Positive Search Report? What is a Positive Trademark Registration Search and how is it arrived at.

Before answering this question please understand the Legal Position on the Subject. In addition to these basic principles of Law there are a very large number of cases which provide additional insight in to the requirements for a positive search and you can understand why doing a thorough search is needed before finalizing your mark.

The following are the important topics you must know before you file an application for Trademark Registration

How to Select a Trademark - How to avoid Trademark Conflicts
Please learn the statutory information on Trademark Registration Requirements by studying the Sections of the Trade Marks Act 1999 listed below

Definition of Trademark:

Section 2(zb) of the Trademarks Act 1999 defines a Trademark As Follows:

(zb) "trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colours , and

in relation to Chapter XII (other than section 107), a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark, and

in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.

When a Trademark is Examined by the Trademark Examiner the following sections of the Trademark Act are considered.

Section 9: Absolute grounds for refusal of registration.-

(1) The trade marks-

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade,

shall not be registered :

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if-

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of-

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods.

Explanation.-

For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.

Section 11: Relative grounds for refusal of registration.-

(1) Save as provided in section 12, a trade mark shall not be registered if, because of-

(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or

(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

(2) A trade mark which-

(a) is identical with or similar to an earlier trade mark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor,

shall not be registered, if or to the extent, the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.

(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented-

(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or

(b) by virtue of law of copyright.

(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.

Explanation.-For the purposes of this section, earlier trade mark means-

(a) a registered trade mark or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks;

(b) a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the application, was entitled to protection as a well-known trade mark.

(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.

(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including-

(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;

(ii) the duration, extent and geographical area of any use of that trade mark;

(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark;

(v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.

(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account-

(i) the number of actual or potential consumers of the goods or services;

(ii) the number of persons involved in the channels of distribution of the goods or services;

(iii) the business circles dealing with the goods or services, to which that trade mark applies.

(8) Where a trade mark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.

(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:-

(i) that the trade mark has been used in India;

(ii) that the trade mark has been registered;

(iii) that the application for registration of the trade mark has been filed in India;

(iv) that the trade mark-

(a) is well known in; or

(b) has been registered in; or

(c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or

(v) that the trade mark is well-known to the public at large in India.

(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall-

(i) protect a well-known trade mark against the identical or similar trade marks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.

Section 12 : Registration in the case of Honest Concurrent Use, etc.-

In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the Registrar may think fit to impose.

Section 18: Application for Registration

(1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.

(2) A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.

(3) Every application under sub-section (1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate:

Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situate.

(4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.

(5) In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.

In addition to these sections used by the Tradmark Registry you must also be careful about committing a Trademark Infringement by using a mark in commerce. Section 29 of the Trademarks Act 1999 deals with Infringement of Trademarks and you must pay special attention to Section 29(4) which is extracted below for ready reference

Section 29(4):

29. Infringement of registered trade marks.-

(4) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which-

(a) is identical with or similar to the registered trade mark; and

(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and

(c) the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark.

(5) A registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the trade mark is registered.

If you see the import of the Section 29(4) and (5)

Trademark should not be a misspelled version of the existing Trademark of any goods or services.

Trade Name of a company should not be identical with or similar to a Registered Trademark for the same type of goods or If the Registered Trademark is a Well Known Trademark for any type of goods or services.

You can understand the amount of training and knowledge needed to do a professional Trademark Search. It is not just a question of looking at a free database to see if identical words are present for identical goods or otherwise but requires a significant expertise in this specific branch of Law.

It would be very difficult for anyone who is not aware of the case law on the subject matter of Trademark Registration to do Trademark Search. Each Trademark Search takes about 40 minutes to 1 hour for us. Remember having a positive Trademark Search Report enables you to take decide in a comfortable and confident way whether your application for Trademark Registration is likely to succeed or be objected to by the office or be opposed by others. While there cannot be a guarantee that the Trademark Examiner would not object on one ground or another or a competitor would not file a Trademark Opposition against your application for Trademark Registration, it would certainly enable you to predict whether in such event of contest, you are likely to win or not. This can also enable you to avoid or defend successfully any Trademark Infringement suit.

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