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[manojbajoria]

Hi Frens....

Can anyone help out with detailed procedure of registering a trademark????

Thanks in advance....

Manoj....

[sourabhacs]

Dear Manoj,

Please find the desired material.

Regards

CS SOURABH GUPTA

[manojbajoria]

Dear Sourabh,

Thanks for your co-operation.

Regards,
Manoj....

[manojbajoria]

Dear Sourabh,

The Trademark manual file did open but not the registration process....Its showing as file damaged and cannot be repaired.

Can u plz do the needful again????

Thanks in Advance,
Manoj....

[manojbajoria]

Dear Sourabh,

Can you please resend the registration process file for tm registration????

Thanks & Regards,
Manoj....

[sourabhacs]

Hi dear,

Please mention ur email I.D.i will send the same again to u.

Dont worry.

Actually from last few days, I am getting unable to attach any file to this website, every time a msg, appears that SEND ERROR REPORT OR NOT'. Also I could not post my query also. I dont know whether it is my system problem or this site problem.

Regards

CS SOURABH GUPTA

[manojbajoria]

Dear Sourabh,

My email id is manojbajoria@gmail.com

Thanks,
Manoj....

[manojbajoria]

Hi Sourabh....

I had already mentioned my email id.... Can u please send the pdf file as per the discussions earlier in this forum....

Thanks & Regards,

Manoj....

[sourabhacs]

HI,

After a long time, u have mentioned ur email i.d. I was waiting for it.

Anyway, I have send it.

Regards

Sourabh Gupta

[rkotak.legal]

Please go to below link you will find process for registration of trade mark.
http://ipindia.nic.in/tmr_new/default.htm

Regards
Ritesh

[summitaggarwal]

Dear rkotak,

Kindly find the check list for the Legal requirements for registration of trademark :-


1.It should be capable of distinguishing the goods or services of one undertaking from those of others.
2.It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

Guidelines as to Selection of a trademark :-

1. If it is a word it should be easy to speak, spell and remember.2

2. The best trademarks are invented words or coined words(example Sansui, Pepsi, avis etc.)

3. Please avoid selection of a geographical name. No one can have monopoly right on it.

4. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)

5. It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.


Frequently answered Questions

Who can apply for a Trademark and how?


Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.


How to apply for a Trademark in respect of particular goods or services?


It is provided under the Trade Marks Act,1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.


What purpose the trade mark system serves ?


1. It identifies the actual physical origin of goods and services.
2. It guarantees the identity of the origin of goods and services.
3. It serves as a badge of loyalty and affiliation.


What are the benefits of registering a Trademark?


The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.


Can any correction be made in the application or register?


Yes. But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.


DOCUMENTS NEEDED FOR SEARCH:-


WORD, LABEL, TICKED, BRAND FOR WHICH SEARCH IS REQUIRED.


Procedure for the Registration of Trademarks :-


1. Search for the Name, Device, logo, Label intended to be applied as Trademark from the trademarks office.
2. Apply for registration of Trademark.
3. Examination of application by the department and issue of the examination report raising objections under Different Sections of the Act or accepting the mark to be advertised.
4.Replying to the official objections and ask for hearing if required.
In hearing put up all evidence in support of trademark application.
5.Getting the order for trademark to be advertised, the advertisement is done in the Official gazette called Trademark Journal and is available to any member of the public to oppose the application with in 4 months of the date of the publication.

6.If no opposition is received or opposition is decided in favour of the applicant, a certificate of Registration is issued which is valid for ten years and after that renewable for every ten years on the payment of renewal fees.

As regards the documents required for the registration of trademarks is concerned they are:-


1. Ten copies of the Label of the trademarks or the word mark/logo.

2. Name of the Applicant.

3. Address of the applicants.

4. User since when the mark is being used.

5. Goods for which the mark is to be applied for registration.

6. Payorder/Draft for the fees to be paid in favour of The Registrar of Trademarks.

7. Sales figures of the company/applicants year wise for which the mark has been used.

8. Advertisement copies and figures for the expense on advertisement by the company year wise.

9. Copies of the four invoices for each year of use of the trademark.


Best Regards
Summit Aggarwal
(IPR Consultant)
http://www.iprindia.in

[ljohn775]

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