2. What is a Trademark?
A Trademark is the means by which a business
makes itself visible in the marketplace. It also
provide their owners with the legal right to
prevent others from using a confusingly similar
mark.
Trade mark must be:
distinctive for the goods/services for which
registration is sought, and
not deceptive, or contrary to law or morality,
and
not identical or similar to any earlier marks for
the same or similar goods/services.
A Trademark is the means by which a business
makes itself visible in the marketplace. It also
provide their owners with the legal right to
prevent others from using a confusingly similar
mark.
Trade mark must be:
distinctive for the goods/services for which
registration is sought, and
not deceptive, or contrary to law or morality,
and
not identical or similar to any earlier marks for
the same or similar goods/services.
3. difference between Trademark Logo
and Trademark name
• A logo is a graphic mark or emblem commonly used by
commercial enterprises, organizations and even individuals to
aid and promote instant public recognition. Logos are either
purely graphic (symbols/icons) or are composed of the name
of the organization.
&
• A trademark or trade mark is a distinctive sign or indicator
used by an individual, business organization, or other legal
entity to identify that the products or services to consumers
with which the trademark appears originate from a unique
source, and to distinguish its products or services from those
of other entities.
• A logo is a graphic mark or emblem commonly used by
commercial enterprises, organizations and even individuals to
aid and promote instant public recognition. Logos are either
purely graphic (symbols/icons) or are composed of the name
of the organization.
&
• A trademark or trade mark is a distinctive sign or indicator
used by an individual, business organization, or other legal
entity to identify that the products or services to consumers
with which the trademark appears originate from a unique
source, and to distinguish its products or services from those
of other entities.
4.
5. Is Indian Trademark
registration valid outside India
?
No, An Indian trademark is valid only in India.
Application made in India can be used for trademark
registration in other countries.
Trademark registered in India cannot get protection
in foreign countries.
A separate application has to be filed in each of the
countries where the business is intended to be run.
Convention priority can be claimed if the foreign
application is filed within six months from applying
for Indian registration.
No, An Indian trademark is valid only in India.
Application made in India can be used for trademark
registration in other countries.
Trademark registered in India cannot get protection
in foreign countries.
A separate application has to be filed in each of the
countries where the business is intended to be run.
Convention priority can be claimed if the foreign
application is filed within six months from applying
for Indian registration.
6. Process of registration of a
trademark to the Indian
Trademark Registry
An application for trademark may be made on
Form TM-1 with prescribed fee of Rs. 3500/- at
one of the five offices given below :
– Intellectual Property Office : Building, Dwarka, Plot No.
32, Sector 14, New Delhi-110075
– Intellectual Property Office Building : Boudhik Sampada
Bhawan, S. M. Road, Antop Hill, Mumbai - 400 037
– Intellectual Property Office Building, CP-2 Sector V, Salt Lake
City, Kolkata-700091
– Intellectual Property Office Building, G.S.T. Road, Guindy,
Chennai-600032
– 15/27, National Chambers, 1st Floor, Ashram Road, Ahmedabad-
380009
An application for trademark may be made on
Form TM-1 with prescribed fee of Rs. 3500/- at
one of the five offices given below :
– Intellectual Property Office : Building, Dwarka, Plot No.
32, Sector 14, New Delhi-110075
– Intellectual Property Office Building : Boudhik Sampada
Bhawan, S. M. Road, Antop Hill, Mumbai - 400 037
– Intellectual Property Office Building, CP-2 Sector V, Salt Lake
City, Kolkata-700091
– Intellectual Property Office Building, G.S.T. Road, Guindy,
Chennai-600032
– 15/27, National Chambers, 1st Floor, Ashram Road, Ahmedabad-
380009
7.
8. How to make a trademark
application ?
• An application for a trademark can be made on Form TM-1
with the prescribed fee of Rs 3,500 at one of the five
offices of the Trade Marks Registry located at Mumbai,
Delhi, Kolkata, Chennai and Ahmedabad. This will depend
on the place where the main place of business is situated.
• You will need to do a pre-filing search before filing your
Trademark.
• Once you register your trademark, you will be issued an
official receipt with a TM number.
• Then an examination report is filed within three months
from application. You will get a response to your
registration either by an affidavit, a hearing or by an
interview.
• Your application will be looked at to ascertain if it does not
conflict with existing registered or pending trademarks.
Based on this, an examination report is issued.
• An application for a trademark can be made on Form TM-1
with the prescribed fee of Rs 3,500 at one of the five
offices of the Trade Marks Registry located at Mumbai,
Delhi, Kolkata, Chennai and Ahmedabad. This will depend
on the place where the main place of business is situated.
• You will need to do a pre-filing search before filing your
Trademark.
• Once you register your trademark, you will be issued an
official receipt with a TM number.
• Then an examination report is filed within three months
from application. You will get a response to your
registration either by an affidavit, a hearing or by an
interview.
• Your application will be looked at to ascertain if it does not
conflict with existing registered or pending trademarks.
Based on this, an examination report is issued.
9. Duration of trademark
• The term of registration of a trademark is 10
years.
• This may be renewed for a further period of
10 years on payment of the renewal fees.
• The term of registration of a trademark is 10
years.
• This may be renewed for a further period of
10 years on payment of the renewal fees.
10.
11. E-filing of application For
trademark registration
E-filing of a trademark application is a new
service provided by the trademark registry
office on its website i.e.
https://ipindiaservices.gov.in/trademarkefiling
/user/frmlogin.aspx
With it, you can:
- Complete an electronic application form.
- Provide the associated attachments.
- Complete necessary payment details.
E-filing of a trademark application is a new
service provided by the trademark registry
office on its website i.e.
https://ipindiaservices.gov.in/trademarkefiling
/user/frmlogin.aspx
With it, you can:
- Complete an electronic application form.
- Provide the associated attachments.
- Complete necessary payment details.
12. Benefit of e-Filing
You will immediately:
• Receive a trade mark application number
• Online verification to assure error-free filing and obtain your filing
date
• Speed up the registration process
• Print the completed application data and receive fee
acknowledgement
• Save the data locally in your PC
• Be able to recall your contact details for subsequent applications
• You can also view online history and status of the applications filed
by clicking "Status of Filed Application" and the online status of e-
Payments.
• Using the "" symbol with your trademark simply implies that you
claim to be the proprietor of the trademark. There is no prohibition
on the use of the symbol in India.
You will immediately:
• Receive a trade mark application number
• Online verification to assure error-free filing and obtain your filing
date
• Speed up the registration process
• Print the completed application data and receive fee
acknowledgement
• Save the data locally in your PC
• Be able to recall your contact details for subsequent applications
• You can also view online history and status of the applications filed
by clicking "Status of Filed Application" and the online status of e-
Payments.
• Using the "" symbol with your trademark simply implies that you
claim to be the proprietor of the trademark. There is no prohibition
on the use of the symbol in India.
13.
14. What PROGLOBAL CORP Provides
• Trademark Search and Analysis
• Trademark Filing, Trademark Prosecution and
Trademark Registration
• Trademark Portfolio Management and
Maintenance
• Trademark Opposition
• Trademark Risk Analysis
• Trademark Agreement drafting
• Trademark Analysis Reports
• Trademark Search and Analysis
• Trademark Filing, Trademark Prosecution and
Trademark Registration
• Trademark Portfolio Management and
Maintenance
• Trademark Opposition
• Trademark Risk Analysis
• Trademark Agreement drafting
• Trademark Analysis Reports