Abc Registration Services

Model Town, Delhi

Trademarks ::: In India, law relating to Trademarks is governed by The Trademarks Act, 1999 and The Trademarks Rules, 2002.Now, after the last amendment, the law provides for the registration of Services also. A trade mark (popularly known as brand name is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Legal requirements for registration of trademark :- It should be capable of distinguishing the goods or services of one undertaking from those of others. 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. Selection of a trademark :- If it is a word it should be easy to speak, spell and remember.2 The best trademarks are invented words or coined words. Please avoid selection of a geographical name. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market. What is the function of a Trademark? 1. It identifies the goods/or services and its origin. 2. It guarantees its unchanged quality. Who can we 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.