We had written an article giving a simplified account of Patenting procedures in India to enable readers who are new to the Patents. Similar attempt is being made here to provide answers to the Trademark FAQs so as to enable readers who are new to the Trademark.
What is trademark? What is mark? What are some examples? Answer: Trademark can be defined as "trade 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" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
Below are some examples of trademarks:
Word: IBM, Google Fanciful designation: Kodak Names: Disney Slogan: Hum hain na! (ICICI bank limited) Device: Number: the 4711 cologne 7.Picture: Lacoste logo
Registering your trademark helps you secure exclusivity over your mark, helps you get geographical coverage throughout country/region of registration, gives you a complete defence that you are not infringing rights of other person, helps you create brand value.
What does and signify, when can we use them? Answer: is used to indicate that the trademark is unregistered but this mark is used for promote goods. can be used even for trademarks for which registration is not applied to claim use over it.
is used to represent a registered trademark/ service mark that provides the applicant complete ownership and legal rights over the trademark/ service mark.
Who can apply for trademark? Where should trademark application be filed? Answer: An application can be made for registration of trademark actually used or proposed to be used by any person claiming to be proprietor of the trademark. In India, for facilitation of the registration of the trademarks, Trademark registry operates from five locations i.e. Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. In case of Indian applicants, jurisdiction is decided based on the principal place of business of applicant and in case of foreign applicants, jurisdiction is based on where applicant's agent or attorney is situated.
More info about jurisdiction and locations of Trademark registry can be obtained from by visiting http://ipindia.nic.in/tmr_new/location_jurisdiction.htm .
For e-filing, manual available at https://ipindiaonline.gov.in/trademarkefiling/UsefullDownloads/User_Manual_etrademarkfiling.pdf may be referred.
What are the general stages of trademark registration?