Registering your trade mark ensures that Infringement can be easily dealt with
What is a trade mark?
A trademark is a unique identifier of recognisable elements of your business. A trade mark helps to uniquely link certain names, ideas and designs to your business and prevents others from misusing them. For instance, the name of your company, the brand name of your product and their logos could be your trade marks.
Besides other things, the mark should be capable of graphical representation on paper. You can start using the symbol TM even before you apply for a trade mark, as it is used to indicate that the said mark is aimed at being registered as trade mark. The symbol ® is applicable to a registered trade mark.
| DARE/facts |
| Applicable fees New applications – Rs 2,500 Renewal of a registered trade mark – Rs 5,000 Restoration of a removed mark – Rs 5,000 Official search request – Rs 500 Preliminary advise on registrability – Rs 500 |
Why should I register?
Registration of a trade mark is not mandatory. However, there are several legal benefits of getting a trade mark registered. Let us say you have not registered your marks, and some other person starts using them. In this case, you can only appeal for a “passing off” suit, which means that you would need to prove that they are passing off goods or services under your business name or brand. Among other things, you need to prove that your business name or brand has been in existence well before the other one sarted.
If you have a registered trade mark, you simply need to show the registration certificate, for infringement action against the offender, including stopping other businesses from using your trade mark or some mark deceptively similar. You can sue for damages, and also secure destruction of the conflicting goods and/or its labels. A registered trade mark is a symbol of authenticity of identity of your company, brand, goods or services. Therefore it is recommended that you register your trade marks.
What is the process?
You have to file an application with the Trade Mark Registrar. They screen your application, and if accepted, such acceptance is publicly advertised. After this, there is a waiting period of three months for opposition. In case there is no opposition, a registered trade mark certificate is issued. If your application faces opposition, a hearing is held to decide the matter. If the opposition is allowed, you can apply for a review.
Objection(s) could be raised by the Registrar during screening. In this case, you would have to go through a show cause hearing, to prove your case. Your application can also be refused after screening. Here, your option is to appeal to the Intellectual Property Appellate Board. A trade mark registration could take anywhere between 12 to 24 months.
Where do I register?
You apply at the relevant trade mark registry in Delhi, Kolkata, Chennai, Ahmedabad and Mumbai. The registry you apply to depends on the location of your business.
How to get it done?
After examination of your application, typically a number of objections are raised by the Registrar. Handling these requires a lot of legal paper work. Hence, it is highly recommended that you use the services of a competent trade mark lawyer.
Any tips to get it right?
Even before you start a business, brand, or any new commercial activity, you should run a check for all relevant marks, at the national or regional trade mark Registrar’s office. Alternatively, you can apply for an official search request at the office. You can also do a market search to ensure that there is no existing business using a mark similar to the one that you intend to use.
Use distinctive terms (say, green telephony), instead of descriptive ones(say, green cellphones). Register the words as well as the logos (graphics). Preferably, keep your company name separate from the brand name or service. In case of any dispute over a particular line of business, the trade mark will not affect the corporate entity’s branding.
Do I have to renew?
A trade mark is registered for ten years (from the date of the application), during which you can renew it. You do receive a notification about the expiry date. If you fail to renew, a grace period of six months is allowed (with late payment charges). After the grace period, the Registrar may remove the mark from the register. The “may” means that it is the discretion of the Registrar. Nevertheless, in case of removal, the registrant can still apply for restoration within one year of the expiry of the last registration. This restoration is the discretion of the Registrar, who may renew it with or without conditions and/or limitations.
Subscribe to this comment's feed
written by P.D.MAURYA, March 05, 2011
written by Pravendra kumar, July 27, 2010
is it neccesory or
written by Narendar, July 06, 2009
| < Prev | Next > |
|---|
