Trademark
Trademark provides a unique identity to your enterprise and most of the times is a valuable intellectual property for corporations. Filing of trademark application gives you monopoly rights in the distinctive sign (Logo) that you have created to distinguish your business from others in the same industry and trademark registration confers the exclusive rights onto the owners of the trademark i.e. the applicants of the trademark application so that the enterprise can commercialize the trademark by way of licensing or assignment in return of royalty payment or upfront payment respectively.
Trademark application undergoes a process of evaluation which includes examination, publication and registration during which the distinction of the trademark can be challenged by the trademark office which needs to be addressed or represented in a promising manner such that the trademark is registered and the position of rights holder is strengthened.
As business expands globally, international trademark filing garnered global attention and so has cross border protection. The Trademark applications can be filed at regional trademark office of the respective jurisdiction in which trademarks are being used, some countries also allow the trademark application to be filed which an enterprises has proposed to be used. It is also feasible to secure an international protection in more than 120 countries across the globe via one single window filing through the Madrid System governed by the World Intellectual Property Organization (WIPO).
For both the national and international trademark applications a global and country specific trademark search and knowledge of the procedures laid by trademarks act is essential, our team is well versed with the filing procedures, prosecution and litigation to make your presence felt in all possible countries where you have vested business interests
As per the Indian Trademark act 1999 “trade 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;
As per the Indian Trademark act 1999,“well-known trade mark” means “in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services”.
1. Word Marks
Across the world, trademarks typically take the form of word marks. Trademarks are any symbols used to distinguish the goods and services offered by one business from those of another. Word Marks are the type of trademark you’ll want to register if your product or service’s name is entirely textual.
For Example – The word Nestle® is a registered as a Word-Mark. So even if nestle keeps on changing their logo by adding bird or planets, the name Nestle shall belong to them.
2. Service Marks
The Trademarks Act, 1999 (the “Act”) does not include a specific definition for a service mark. Therefore, under the Act, a trademark can be registered for both products and services in India. The Act includes trademark classes specific to the services that service providers offer, making it possible to register a service mark.
For example – FedEx is a registered courier delivery service provider.
3. Logos and Symbols
A logo is a type of trademark that consists of a design that is generally used by company or person and placed on its products or printed material related to its services. The Company logo may be a design by itself, a design with letters or words, or a design consisting simply of stylized words or letters. In contrast, some trademarks consist solely of letters or words without any design, but these would not be considered logos.
For example – Apple has a registered logo which is used on each of their products.
4. Shape of Goods
The shape of goods are categorized in Trade Dress (appearance of a product) wherein, other than a logo or label a product can also be distinguished based on its packaging.
For example – The bottle of Coca-Cola is distinguished from other brands on the basis of its bottle’s shape.
5. Series Marks
where the trademark applied for, is in the form of a series. In other words, the primary element of a mark might be used/intended to be used in several forms/ways by the proprietor and instead of filing separate applications for each, it is possible to file them as a series.
For example – McDonald’s have a series of ‘Mc’ registered as word mark which represents their different product range such as Mc Chicken, Mc Veggie, Mc chicken, Mc Café, Ms Donuts etc.
6. Collective Trademarks
These marks are linked with a group of people and not one single product or service. These trademarks are primarily owned by an organization, institutes or any association. They can be used by members of the organization to represent them as one the part.
They are “Badges of origin” which indicates the specific source of the individual, his/her products and services.
For Example – A chartered accountant can use the “CA” device as he is a registered member of the Institute of Chartered Accountants.
7. Certification Mark
The certification mark is created to show a specific quality standard that the company has met. This means that the public will be aware that the trader’s goods or services are certified as it has met a particular standard, as defined by the certifying body that owns the certification mark.
Certification marks are used to define “Standard” of goods and services.
For Example – FSSAI – Certification for the quality of packaged food products.
8.Sound mark
In India, sound can be copyrighted as a succession of musical notes with or without words. Sound trademarks are widely popular in India.
For example, Britannia’s jingle, ‘Ting Ting di ding,’ is instantly associated with the brand when heard. The function of a sound trade mark is to uniquely identify the brand..
Trademark Symbols
1. What does TM mean?
3. What does ® mean?
2. What does SM mean?
4. How should the TM, SM, or ® symbol be used?
We Provide The Following Services
Trademark Searches
Drafting, filing, and prosecuting Trademark applications for trademark registration in India
Renewal, opposition and infringement procedures. Trademark office actions and Hearing
Trademark Registration
Trademark Infringement
Trademark Opposition
Trademark Licensing
Trademark Watch
Forms and Fees :-
S.No.
On what payable
Amount in INR.
Form
For Physical filing
For E-filing
1
Application for registration of a trademark /collective Marks / Certification Mark / Series of trademarks for specification of goods or services included in one or more than one class.
Where the applicant is an Individual / Startup/Small Enterprise
5000
4500
In all other cases (Note: Fee is for each class and for each mark )
10,000
9000
2
On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)
3000
2700
Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class
5,000 Plus renewal fee applicable under entry 3
4,500 Plus renewal fee applicable under entry 3
Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class
10,000 Plus renewal fee applicable under entry 3
9000 Plus renewal fee applicable under entry 3
4
On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark
10,000
9000
On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademark under section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.
3000
2700
On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.
2000
1800
On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.
1000
900
5
Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark)
5000
4500
Request for an expedited search and issuance of certificate under rule 22 (3)
Not allowed
30,000
7
On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41.
1000
900
On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application.
2000
1800
On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms.
3000
2700
On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document)
5000
4500
On an application under rule 34 for the expedited process of an application for the registration of a trademark
Where the applicant is an Individual / Startup/Small Enterprise
Not allowed
20,000
In all other cases (Note: fee is for each class and for each mark)
Not allowed
40,000
In all other cases (Note: fee is for each class and for each mark)
Not allowed
1,00,000
8
On application for registration of a person as a trademark agent under rule 147 & 149.
5000
4500
TM- G
For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.
10,000
9000
On application for an alteration of any entry in the Register of trademarks Agent under rule 154
1000
900
Handling fee for certification and transmission of international application to International Bureau with MM2(E)
Not allowed
5000
