Registration of trademark:
Benefits of trademark registration
Prerequisites for trademark application filing
- Easy to spell, pronounce and remember.
- Easy to grasp and communicate.
- It should coined word to accord better protection
- The mark should be arbitrary to the goods or services
- The mark should not be related to the goods and services for which the registration is sought.
- It should be original and not copied or taken from someone.
- It should not be similar/same to the existing trademark.
- The mark should not be prohibited under any statutory legislation.
- The mark should not be deceptive or confusingly similar to the existing mark.
- The mark should not be laudatory.
- It should not be obscene, derogatory, defamatory or should not hurt the religion or moral sentiments of the people.
|Coined terms||Infosys IT Solutions||Descriptive terms||Information System IT Solutions|
|Fanciful terms||KODAK||Generic terms||Quickprint|
|Arbitrary terms||Apple||Surnames||Jain Enterprise|
|Suggestive marks||Burger King||Deceptively confusing marks||Burger Queen|
|Animal or plant names||Jaguar||Letter acronyms numbers||ABC Corporation|
|Terms referring to action or experience||Superlative or laudatory words|
Who are eligible to file trademark application in India
- Any person or entity claiming to be the proprietor of the mark can file the trademark application for the brand.
- The said trademark application can also be filed through trademark agent- individual lawyer or law firm registered with the Indian Trademark registry.
- Foreign applicants (Individuals) can file for the trademark registration in India and their application will be given the same recognition as if the application was filed by the Indian application. Being a signatory to TRIPS, Indian Laws recognise and respect trans-bound reputation.
- In case of foreign entity- the application can be filed through the trademark agent if the said foreign entity doesn’t have their principle place of business in India. In such cases, the appropriate jurisdiction will be based on the address of the attorney.
Categories of trademark that can be filed in India
- Word Marks
- Device Marks
- Suffixes and Prefixes
- Shape of goods
- Combination of colours
- 3-d marks
Jurisdiction of trademark application filing
How to select the Jurisdiction:
|The states of Andhra Pradesh and Telangana, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island||Chennai|
|The states of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh||New Delhi|
|The states of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andaman & Nicobar Island||Kolkata|
|The states of Gujarat and Rajasthan and Union Territory of Daman, Diu, Dadra and Nagar Haveli||Ahmedabad|
|State of Maharashtra, Madhya Pradesh and Goa||Mumbai|
|Foreign Entities||Principal place of Trademark Attorney|
Note: The jurisdiction of a trademark application cannot be transferred. Once an application is filed with the Indian Trademark Registry, the jurisdiction as allotted as per the place of business of the applicant or the attorney shall remain the same for the lifetime.
Particulars to be mentioned in trademark application
- Details Of The Applicant
- Nature of the applicant
- Details Of The Mark
- Class Of The Goods Or Services
- Description Of The Mark
- Details Of The Attorney
- User Claim If Any
- Date Of Filing Of The Application
- Correspondence Of The Applicant
- Language of the mark
- Translations,if required
- Address of service
- Jurisdiction of the applicant
- Conditions or disclaimer,if any
- Associated trademark
- Convention details, if any
Prior User Claims
Documents required for trademark application
- Identity and Address Proof of the Applicant – Aadhaar or Pan Card
- Incorporation Proof – Partnership Deed, Incorporation Certificate
- Udhayam Aadhar registration
- Passport- if the applicant is a Foreign National
- In case of device mark – Soft Copy of the logo, preferably in black & white (Optional). In jpeg or png format
- Translation of the word or device, if the mark is not in English Language
- User Affidavit, if the applicant wishes to claim prior use
- Power of Attorney
Categories of Eligible Applicants for Trademark Registration:
- Sole Proprietorship
- Limited Liability partnership
- Public Limited Company
- Private Limited Company
- Partnership Firm
- Other Legal Entities