What is a trade mark?
Trademark is a brand or logo which represents your business.
A visual symbol like a word signature, name, device, label, numerals or combination of colours used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, and brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
Who can file a Trademark application in India?
Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.
What information and documentation is required?
- The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;
- A list of goods and/or services for which registration is required;
- Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
- Soft copy of the trademark to be registered;
- If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a certified/notarized English translation is required.
- USE : Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application. [The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.].
- Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).