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:
- 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.
- 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 :
- Full name, address & nationality
of applicant(s).
- description of trade mark, one print
if the mark is in label form.
- List of all items (goods) / services
to which the mark is applied or proposed to be applied
for.
- Date since used, if the mark is already
being used in india.
- List of countries with date, where
the mark has already been applied for.
- POWER
OF ATTORNEY.
PROCEDURE OF REGISTRATION :-
- The Application is
filed.
- Then the application is examined
by the Trade Mark Office and objections, if any,
are raised.
- After clearing the objections, if
any, the mark is advertised in Trade Marks Journal
& is open to third party opposition period of
4 months.
- 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.
- 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.
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