What is Trademark?
A trademark is a sign that identifies and distinguish certain goods and services as those produced or provided by a specific person or enterprise.
According to Section 2 (zb) of The TradeMark Act, 1999, “trade mark” means a “mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.”
What does a Trademark protect?
A trademark typically protects brand names and logos used on goods and services.
- a registered trademark allows you to stop others from using your trademark to sell goods or services.
- a registered trademark allows consumers to establish the identity of goods or services they’re buying.
- another benefit is that it can stop other people from using any trademark that’s confusingly similar to yours, even if the trademark isn’t exactly the same as yours.
What can be trademarked?
According to the World Intellectual Property Organisation, trademarks may consist of:
- a word (Lenovo) or a combination of words (FORD IKON),
- letters and abbreviations (BMW, IBM, VW, HP), numbers (7/11) and names (MacDonalds) or abbreviations of names (H&M for Hennes&Mauritz).
- drawings (logo of the Nike company),
- 3-D signs such as the shape and packaging of goods , and
- non- visible signs, such as music/sound and fragrances as well.
Who can apply for trademarks and when?
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration.
One may either file for a trademark before the start of use of the mark as Proposed to be used or may file after using a mark for a certain period of time.
What is Trademark search?
Trademark search is conducted before filing an application and it is very important because the results may identify potential problems, such as a likelihood of confusion with a prior registered mark or a mark in a pending application.
A search could save you the expense of applying for a mark in which you will likely not receive a registration because another party may already have stronger rights in that mark. Also, the search results may show whether your mark or a part of your mark appears as generic or descriptive wording in other registrations, and thus is weak and/or difficult to protect.
What is public search of Trademark?
A public search allows one to search for registered, pending, refused and removed trademarks. It also helps in attaining information of status, proprietor details, application number, application date, description of services & goods it is acquired for, and other useful information.
The Indian Patent Office (IPO) offers a free search system known as Public search of Trademarks on its official site. The page offers search tools to make it easier for user to search through keywords.
It allows user to choose from type of search that includes – wordmark, vienna code and phonetic. Further, it will ask for a trademark class to generate a search report. There are total 45 different Trademark classes and each of the class represents a distinct set of goods and services.
Information required for filing a trademark application
An application contains the following important information:
- name and address of applicant,
- name and address of agent (if any) with power of attorney,
- the logo or wordmark,
- the class of trademark and description of the goods/services as per the class,
- the period of use of the mark and must be filed along with an affidavit for Statement of early use, and
- (recommended) along with affidavit of early use, attachment of evidence of use from the date specified.
Fees and cost of Trademark filing in India
| Individual/Start-up/ Small entity under MSME (INR) | Other Entity (INR) | |
| Filing of application | 4500/- | 9000/- |
| Renewal of registered mark | 9000/- | 9000/- |
What are the benefits of having an Videaim IP trademark attorney?
Videaim IP attorneys are specializes in trademark law can provide valuable legal advice about many important issues and help you in Pre-filing, Filing, Post-filing, Post grant and other Miscellaneous trademark procedures.
To discuss in personal or for any queries contact us. We are always like to help you understand the scope of your trademarks rights and advise you on the best way to use them.