trademark is a mark which
identifies certain goods or services as
those produced or provided by a specific
person or enterprise. Its origin dates back
to ancient times, when craftsmen reproduced
their signatures, or "marks" on
their artistic or utilitarian products.
Over the years these marks evolved into
today's system of trademark registration
and protection. The system helps consumers
identify and purchase a product or service
because its nature and quality, indicated
by its unique trademark,
meets their needs.
Trademarks Act 1999, is a law relating to
trademarks, to provide for registration
and better protection of trademarks for
goods and services and for the prevention
of the use of fraudulent marks.
according to the definition means
(i) capable of being represented graphically;
(ii) which is capable of distinguishing
the goods or services of one person from
those of others; and includes –
(a) shape of goods
(b) their packaging and
(c) combination of colours; and
a connection, if it is used or proposed
to be used, between the goods or services
and the person having the right either as
a proprietor or by way of permitted use.
can be registered?
include one or a combination of words, letters,
label, device or numerals or a combination
of all these. They may consist of drawings,
symbols, three-dimensional signs such as
the shape and packaging of goods, audible
signs such as music or vocal sounds, fragrances
or colors used as distinguishing features.
trademark must be distinctive, so that consumers
can distinguish it as identifying
a particular product, as well as from other
trademarks identifying other products. It
must neither mislead nor deceive customers
or violate public order or morality.
at Sanjeev Niphadkar & Associates, have
been providing services to clients all over
the world in the area of Trademark registration
and protection. By protecting trademarks,
we ensure that our clients have an exclusive
right to use them in relation to
their goods or services, or authorize another
to use them in return for payment.
Clients i.e. owners of these trademarks
are rewarded with recognition and financial
profit. We ensure that all efforts are taken
to hinder the chances of unfair competitors,
such as counterfeiters, to use similar distinctive
signs to market inferior or different products
or services. Our protection helps our Clients
to produce and market goods and services
in the fairest possible conditions, thereby
facilitating international trade.
procedure for registration of a trademark
is as follows:
Conducting a search for a trademark
• Application for registration of
a trademark with the appropriate national
or regional trademark office.
• Hearings in respect of the trademark
• Advertisement of a trademark application
• Stage of Opposition
• Stage of Evidence
• Hearings at the stage of Opposition
• Registration of a trademark.
• Renewals of trademarks
may contact us for any queries that you
may have and we shall be glad to assist
you in the same.
SHOWING THE PROCESS OF REGISTRATION OF
A TRADE MARK IN INDIA