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Now world over every marketing products or services having its goodwill or reputation has ingredients of intellectual property. This makes each individual goods or services as unique in vast consumer market.
At ipsearches.com, We identify proper procedures for protecting and enforcement of intellectual property rights of our clients and safeguard their interests with minimum hassles.
At ipsearches.com, We help our clients through registration and contractual drafting by protecting their intellectual property rights and also help them in retaining assets of copyrights; Trademarks, Trade dress, and Patents and we also help to enforce and catch off competitors in combating unfair trade practices and competition who would unfairly duplicate or simulate products, services or methods of marketing in a clandestine manner by stealing the legitimate profits.
At ipsearches.com, we are actively engaged in securing and maintaining intellectual property rights throughout the world. WE provides a full range of INTELLECTUAL PROPERTY services filing registration application and obtaining registrations across the world, registered users, portfolio planning, brand management and Trademark searches. We also assist in respect of oppositions concerning to INTELLECTUAL PROPERTY.
 
What is Trademark :-
The Trademark is a name mark, numeral, letter or a word or combination thereof either in the form of a symbol or with a word or combination thereof which is being used in the course of trade to enable the purchasing public to distinguish the product or the property mark or the goods from the similar goods of other manufacturers. Trade & Merchandise Act, 1958 has defined in section 2(1)(v) that a Trademark means: -
In relation to chapter 10(other than section 81), a registered Trademark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in a course of trade between the goods and some person having the right as proprietor to use the mark;
 
In relation to other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in course of a trade between the goods and some person having the right, either as a proprietor or as a registered user, to use the mark with or without any indication of identity of that person and include certification Trademark registered as such under provisions of chapter 8.
 
What is a good mark :-
 A mark can be a word, letter, device, logo, symbol or numeral or in any in combination thereof. It is better if it is a easy and simple in design, logo or word to be remembered by unwary purchaser.
The word should be easy to speak, spell and remember.
The ideal word for a Trademark is an invented, imaginative or coined word.
The words, marks that are laudatory in nature or which directly describe the character or quality of the goods should not be adopted.
The Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted.
It is always better to conduct a preliminary survey to ascertain whether any other person is using any identical or deceptively similar mark for the same goods.
It is advised not to adopt, imitate other persons Trademark or any other well-known Trademark, even if the goods or trades are different.
It is desirable before making an application for registration do obtain preliminary advice and search report to ascertain whether any identical or deceptively similar Trademarks are exists on the Register or pending for registration for the same class of goods or for any other goods.
 
Salient features :-
 Registration of Service marks.
Single Register of Trademarks instead of two parts A and part B.
Creation of Appellate Board to hear appeals from the decisions of the registrar.
Protection of well known Trademarks and tests for determination of such marks.
Single application for registration of a mark in different classes.
Inclusion of shape of goods, packaging and combination of colours in definition of mark and Trademark.
The term for Trademark registration is 10 years and renewable after every 10 years.
Convention of priority is available.
Registration of collective marks.
User evidence required for registration of Trademark not distinctive, e.g., Surname, three letter marks, etc.
Descriptive and laudatory words can not be registered.
Trademark law does not recognize licensing under common law approved by the Courts although licensing.
First to use of the mark prevails over first to register the mark.
For goods falling in different classes of goods each separate application has to be filed for same mark for goods.
Under PCT priority is allowed on the date of filing the application as the date of filing the application in India and vice versa.
Trans border reputation is recognized.
Due to non-use of Trademark for continuous period of 5 years registration is liable to be cancelled.
In the matter of trade names / services Passing off action also applies against infringement both civil and criminal action available.
International Classification of classes of goods and services are being followed. As per new law of Trademarks which was adopted recently, now includes the registration of Services Marks too (as of now the services marks are protected too under the Trademarks law from Infringement) and further many corresponding sections and rules have been also simplified including the registration procedure.
 
The minimum basic requirements for filling Trademark application
 
In India:
Full name, address of profession or business of the applicant and his / her nationality.
Clear reproduction of the Trademark and translation must be indicated, if Trademark is in a foreign language.
Copies of logo or a label, 20 prints of the each mark is required.
Detail of products by which will be protected the Trademark and / or the classes of the International protection Classifications for which is being applied.
List of goods.
Date of first use in India.
Power of Attorney (can be filed later).
 
Classification of Trademarks:
The International Classification only of 42 goods classes is applicable and is being followed in India.
 

CLASSES OF GOODS:

 
CLASS 1:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
CLASS 2:
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
CLASS 3:
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
CLASS 4:
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
CLASS 5:
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
CLASS 6:
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
CLASS 7:
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
CLASS 8:
Hand tools and implements (hand-operated); cutlery; side arms; razors.
CLASS 9:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
CLASS 10:
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
CLASS 11:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
CLASS 12:
Vehicles; apparatus for locomotion by land, air or water.
CLASS 13:
Firearms; ammunition and projectiles; explosives; fireworks.
CLASS 14:
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.
CLASS 15:
Musical instruments.
CLASS 16:
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
CLASS 17:
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
CLASS 18:
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
CLASS 19:
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
CLASS 20:
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
CLASS 21:
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
CLASS 22:
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
CLASS 23:
Yarns and threads, for textile use.
CLASS 24:
Textiles and textile goods, not included in other classes; bed and table covers.
CLASS 25:
Clothing, footwear, headgear.
CLASS 26:
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
CLASS 27:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
CLASS 28:
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
CLASS 29:
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
CLASS 30:
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
CLASS 31:
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
CLASS 32:
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
CLASS 33:
Alcoholic beverages (except beers).
CLASS 34:
Tobacco; smokers' articles; matches. · CLASSES OF SERVICES (Add-in services)
CLASS 35:
Advertising; business management; business administration; office functions.
CLASS 36:
Insurance; financial affairs; monetary affairs; real estate affairs.
CLASS 37:
Building construction; repair; installation services.
 
Cancellation of Trademark registration:
The registration of trademark can be cancelled on many grounds. However, the grounds for obtaining a cancellation in the part 'A/B' register are restricted specially after the registration has been on the register for a period of ten years (from the date of filing the application).
 
Non-use of Trademark
If Trademark is not used for continuous period of 10 years, then other person can seek expunge of registration from the register on his application. Onus of proof to prove its continuous use rests on proprietor of registered Trademark.
 
Search of the Trademark
In the records of the Trademark Office the Trademarks (registered and pending) are classified alphabetically and to some extent, according to pictures or devices. Furthermore an alphabetical name index of proprietors is maintained. Searches therefore can be done for· Prior Trademark applications or registrations.· Name searches for Trademark applications or registrations in the name of particular proprietors.· Records pertaining to Trademarks in the Trademarks Office have been computerized to the large extent.
 
Duration of registration :
Once Trademark registration is granted, it is in force for 10years from the date of filing of the application and can be renewed for further periods of 10 years
Urgent filing of application: -· If the following information is sent to us the application can be filed on an urgent basis:
Applicant: Name and address, nationality.
Description of Trademark
Description of Goods
Procedure of Registration :
The application is examined and scrutinized by the Trademark office and objections, if any are raised
After clearing of the objections, if any,
The mark is advertised in journal.
If there is no opposition by the third party within 3 months. The certificate of registration will be issued
In case of opposition till then opposition is not dismissed the certificate of registration will not be issued.
Process of examination :
Trademark applications are thoroughly examined by the Registrar of Trademarks Office in India. This examination does not only involve prior Trademark registrations (or pending applications) but the Trademark office also considers the register ability of the Trademark as such in view of dictionary meanings of words, possible public confusion, etc.
Opposition proceedings
After acceptance of a Trademark application, the application is published in the Trademark Journal. Thereafter a three-month waiting period follows for opposition, if any if opposition is filed with in three months, then the registration of Trademark is contested.
 
Power of attorney requisite for Trademark applications
The power of attorney, specimen of which is given in forms section is required and can be filed subsequently at any time before acceptance of the application. It has to be signed by or on behalf of the applicant. Please note that a photocopy of the power of attorney may also be signed and filed
 
Requirements for filing Trademark applications in 'SAARC' :
In BANGLADESH
Name, address and nationality of the Applicant(s).
25 labels of the mark (in case of a label mark)Goods.
Class
First date of use in Bangladesh (if any).Power of Attorney.Please note that in Bangladesh, Nice Classification of goods followed and as of today, registration of service marks and multiple class application are not allowed.
In BHUTAN
Name, address and nationality of the Applicant(s)
25 labels of the mark (in case of a label mark).
Goods.
Class.
First date of use in Bhutan (if any).
Power of Attorney.
Please note that in Bhutan, Nice classification of goods followed and registration of service marks and multiple class applications are also allowed.
In NEPAL
Name, address and nationality of the Applicant(s).
25 labels of the mark (in case of a label mark).
Goods.
Class.
First date of use in Nepal (if any).
Power of Attorney.
Notarized copy of home registration.
Please note that in Nepal, Nice Classification of goods followed and registration of multiple class applications are not allowed, however, the registration of service mark is allowed.
In PAKISTAN
Name, address and nationality of the Applicant(s).
25 labels of the mark (in case of a label mark).
Goods.
First date of use in Pakistan (if any).
Power of Attorney notarized.
Please note that in Pakistan, Nice Classification of goods is being followed and the registration of service marks and multiple class application are not allowed.
In SRI LANKA
Name, address and nationality of the Applicant(s).
25 labels of the mark (in case of a label mark).
Goods.· Class.
First date of use in Sir Lanka (if any) and in U.K. (advantage).
  Power of Attorney.
Please note that in Sri Lanka, Nice Classification of goods is being followed and the registration of service mark is allowed, however, the registration of multiple class applications are not allowed

:: Request for Search/Watch/Register of Trademark ::
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