Embedded Files
A trade mark popularly known as brand name, is an identification symbol which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade to enable the purchasing public to distinguish one trades' goods from similar goods of other traders.
It may include shape of goods, their packaging or combination of colors. The ™ may be used along with the mark before its registration and the symbol ® after its registration.
Once a trade mark is registered, it is prima facie proof of the legal ownership of the mark. The mere production of the registration certificate (certificate for legal proceedings to be obtained other than registration certificate) would enable the registered Proprietor to seek injunction from appropriate court against pirates. One can also license or assign his trade mark as Legal Property for a consideration. Registration initially confers this right for ten years under the Trade Marks Act, 1999 from the date of filing. It is renewable for a further period of ten years at a time in perpetuity with prescribed fees payable in advance.
Service Marks
Service Marks
A service mark is a mark which is used to distinguish service of any description made available to the public. These marks do not cover physical goods but only the provision of services.
The Trade Mark Act, 1999 provides for the protection of services marks on par with trademarks relating to goods.
Service marks provide an opportunity to service providers to create a commercial identity and maintain their brand equity. Global trends in the service sector of national economies indicate an increasing share of services. It is a mark similar to a trademark but applies to services rather than goods. Examples for – Insurance, Banking, Consultancy, Credit Card, Hotel, Real Estate, Transport, Education, Communication, Financing, Chit Funds, Material Treatment, Processing, Supply of electrical or other Energy, Boarding, Lodging, Entertainment, Amusement, Construction, Repair, Conveying of News or information and advertising etc.
Trademarks Search
Trademarks Search
Before filing an application for a trademark, it is highly advisable to conduct a comprehensive trademark search. A basic trademark search includes registered trademarks and applications for trademarks in INDIA.
MIPCO is providing a comprehensive trademark Search. You are requested to mail us for requesting a comprehensive trademark Search at mipcoip@gmail.com.
The search results shall be sent to you within a short span. Please note that this comprehensive search will give you a preliminary idea of the existence of any conflicting marks.
Terms of Trademarks
Terms of Trademarks
The terms of trade mark is of 10 (Ten) years from the date of application, however it can be renewed after each 10 year on condition to deposition of renewal fees payable in advance.
Convention Application and International Treaties
Convention Application and International Treaties
India is one of the certain countries as convention countries. A person from a convention country, may within six months of making an application in his or her home country, apply for registration of the trademark in India.
If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in his or her home country.
Where the applications have been made for the registration of trademark in two or more convention countries, the period of six months would be reckoned from the date on which the earlier or earliest of those applications was made. Although the recovery of damages for infringement of a trademark is possible only if the infringement takes place after the date of filing application for registration with the concerned trademark office in India.
Convention Countries for Trademarks
Convention Countries for Trademarks
Well Known Marks
Well Known Marks
Certain trade marks are so famous that they are regarded as well-known independent of its registration in India, its owner can block registration of a similar mark in India and initiate legal action. A trade mark with a global reputation is called a Well Known Mark. Such marks may or may not be registered as trade marks but are entitled to protection because of the world wide recognition they enjoy. Well known marks apply to both goods and services. Such marks are recognizes as well known on the basis of the duration, extent and geographical area of its use or promotion through publicity.
Examples of such marks would include those for Tata, Bajaj, Maruti Suzuki, and Mecedez Benz for automobiles. Omega and Rolex for watches. Parker for pens. Amul for milk products. Dabur for Ayurvedic medicines etc.
The Trade Marks Act, 1999 provides protection to well known marks. In order to determine whether a mark is well known, the knowledge or recognition of the trade mark in the relevant section of the public and record of successful enforcement of the trade mark in India and abroad would also be considered.
Do You Need Legal Help?
Do You Need Legal Help?
Give Us A Call
+91 922 817 5520
Email Us At
Visit Us At
6/B, Dayanand Society, Nr. United Apartment, Juhapura, Ahmadabad 380055
Page updated
Google Sites
Report abuse