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Trademark Registration


Trademarks are words, names, symbols, brands, devices, headings, labels, tickets, signatures, letters or numerals or any combination there of, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from goods manufactured and sold by other.

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Importance of Trademarks

In short Trademark is a brand name. A trademark can be the most valuable assets of a company and may at times be worth more than the company's Land & Factory. The value of the trademark becomes prominent while considering a merger or an acquisition of a company.

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Why should you register a Trademark?

  • Registration of a trademark gives the registered owner of the mark exclusive right to use the mark in relation to goods or services for which the trademark has been granted.
  • It identifies and distinguishes the source of the goods or services of the party from those of other.

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Aquiring Trademarks Rights

  • By Use.
  • By registration of the mark.

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Who Should Register a Trademark?

A manufacturer or a merchant of goods who wishes to distinguish his goods from those of others can apply for registration. A Service Provider providing services can apply for registration.

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The New Trademark ACT. 1999

A new law has been enacted which has come into force on 15th September 2003 called THE TRADEMARK ACT, 1999. Following are the salient changes in the New Act.

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Process Of Registration In India

Search: It is recommended to conduct a Trademark availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration. The cost of the search is generally quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others.

Filling: A Trademark application is filed with Trademark office. Now the Trademark application can be filed for more than one class of goods in one application. An application with priority rights shall be filed within 6 months from the date of initial grant of the registration application of the mark in other country.

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Documents & Information Required

  • Power of Attorney signed by the applicant & in the case of corporate body, by the Director or Legal representative of the company. (Please note that the power of Attorney need not be Legalized or Notarized.
  • 20 (Twenty) prints or label. For words marks/ labels are not required.

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Different Forms Of Protecting Trademark

If the mark is registerable, then the best way is to protect it by registration and the infringement of the mark can easily be established.

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Remedies Available

  • Injuction, Restraining present & future use of the mark.
  • Damages.
  • An account of profits at the option of plaintiff.
  • An order for delivery up of the offending labels and marks for destructions.

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Class Search

When registering a trademark, the Trademark Office requires the applicant to define the classification of their goods and services. The majority of countries in the world have adopted the International Classification of Nice which groups all products and services into 45 classes: 34 for products and 11 for services.

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