Dear Friends, in this competitive market, if you want to grow your business in speedy manner and to create goodwill in the market then your product must serve its target market with good quality at appropriate price and within time bound manner. Above statement is easy to write and read but difficult to implement. After successfully implementing this strategy, there are chances that someone else will use your Logo/brands goodwill for its own benefit and you have to lose your business as well as brand credibility.
To avoid such kind of situation and to save the honest entrepreneur, the Government of India has introduced Trade Marks Act, 1999. Every entrepreneur must register their Word Mark/Logo in this act to save its brand to be mis utilized by someone else. As the E-Commerce business is growing in our country, when we go to E-Commerce platforms like Flipcart, Amazon to register our business with there platform they ask for Trademark Registration. In this article, we will discuss the important aspects that must be known before filing Trademark application.
“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: and—
(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used 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, as the case may be, and some person having the right as proprietor to use the mark: and
(ii) in relation to other provision of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
Trademark will be registered only when it is not already registered under this Act or not similar to any existing brand/ logo which may create confusion amount the public or it must not hurt the religious susceptibilities of any class or section of citizens of India.
Application for registration of a trademark shall be filed in Form TM-A along with payment of prescribed fee. Before Filing of our trademark Application, we can search the availability of our trademark from the below link:
A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
Documents Required for Trademark Registration (Individual)
After filing of our Application in Form TM-A, the application is forwarded to concerned officer for verification purpose. He will verify the details provided in the application and ensure that the applied name/word mark is not same which is already registered or not similar to any name which may create confusion within the public. If he is satisfied then application is accepted and forwarded for Advertisement. If he is not satisfied then objection is raised by him and we have to submit our reply to its objection within specified time period.
If application is accepted by concerned officer and any person wants to raise objection against this accepted application, then he has to file objection application in Form TM-O with payment of prescribed fee within specified time period.
On receipt of objection application, the concerned officer will issue notice to the applicant and the applicant has to submit its reply related to this objection within specified time period and if objection reply is not submitted in prescribed time period, then it shall be deemed to have abandoned his application.
And if objection reply is submitted by applicant, then this reply is forwarded to the person who has raised the objection. After considering the reply of both party the concerned officer will decide its verdict.
The registration of a trade mark, shall be for a period of ten years, but may be renewed from time to time in accordance with the provision.
Benefit of Trademark Registration
The registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this Act and if any person uses your Trademark, then you can file complain against him for recovery of damages, due to use of that trademark.
Note: Misutilization of Trademark is punishable offence which may invite an imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees. (Source – Trademark Act,1999)
This article is for the purpose of information and shall not be treated as solicitation in any manner and for any other purpose whatsoever. It shall not be used as legal opinion and not to be used for rendering any professional advice. This article is written on the basis of author’s person experience and provision applicable as on date of writing of this article. Adequate attention has been given to avoid any clerical/arithmetical error, however; if it still persists kindly intimate us to avoid such error for the benefits of others readers.
The Author can be reached at mail –[email protected] and Mobile/Whatsapp – 9911303737/ 9716118384