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Trademark Registration in India

What is a Trademark? 

Trademark is a branch of intellectual property rights. A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises.

Before 1940 there was no law on trademarks in India.

You can watch a video here for detail registration on Trademark - 

What can be registered as a trademark?

1 Word 

2 Image 

3 Name 

4 Numbers 

5 Sound 

Who can all apply for a Trademark?

A trademark application can be made by:

1  Private firms
 2 Individuals
3 Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
4 NGO’s

Designation of trademark

Trademark is designated by:

  • ™ (™ is used for an unregistered trademark. It is used to promote or brand goods).
  • ℠  ( used for an unregistered service mark. It is used to promote or brand services).
  • R   (letter R is surrounded by a circle and used for registered trademark).

Benefits of Registered Trademark 


1 Trademark identifies the owner of the product.
2 If there is an infringement of trademark, the owner of the registered trademark can take legal action
3 No one can use it without your permission 
4 Creation of assets. 
5 Helps you to build trust and goodwill 
6 You can sell your trademark
 

Absolute grounds for refusal of registration


1.    It frauds the public or causes confusion.
2.    There is any matter to hurt religious susceptibility.
3.    There is an obscene or scandalous matter.
4.     Its use is prohibited.
5      It includes a prohibited word such as India or a city name or a celebrity name 

Infringement of trademark
 

After infringement, the owner of the trademark can go for civil legal proceedings against a party who infringes the registered trademark. 


Famous cases on trademark

 
Yahoo!, Inc. v. Akash Arora & Anr
The Delhi High Court, for the first time ever in India, held that a domain name serves the same function as a trademark and is entitled to equal protection. 

Milmet Oftho Industries & Ors. V. Allergan Inc. 
The court restrained an Indian company from using the mark OCUFLOX. 

No action for an unregistered trademark
 

This is defined under Section 27 of Act that no infringement will lie with respect to an unregistered trademark. Infringement of a trademark is a cognizable offense and criminal proceedings can be initiated against the infringers.


Offenses and Penalties
 

In case of a criminal action for infringement or passing off, the offense is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and fine which shall not be less than INR 50,000 but may extend to INR 200,000.

Time of Trademark
 

Trademark is granted for an unlimited time. Just the holder of the trademark has to pay fees in every 10 years.

 

Trademark® and Copyright Registration Online | Quick & Easy Online Process
No need to visit the Trademark Register Office. Easy & quick process of online TM application by sitting at your own place. 

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