Trademarks

Introduction

A 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.

The 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.

Meaning

Trademark according to the definition means

a mark,
(i) capable of being represented graphically; and
(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

indicating 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.

What can be registered?

Trademarks 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.

A 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.

Our Services

We 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.

Our 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

The 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 application
• Advertisement of a trademark application
• Stage of Opposition
• Stage of Evidence
• Hearings at the stage of Opposition
• Registration of a trademark.
• Renewals of trademarks

You may contact us for any queries that you may have and we shall be glad to assist you in the same.

Flowchart and Forms

    FLOWCHART SHOWING THE PROCESS OF REGISTRATION OF
A TRADE MARK IN INDIA