Trademark in India
By Advocate Atit Jain / 2016-07-28
Investing your time and money to build a particular brand and seeing the same brand name being used by another, robbing you of your hard-earned brand reputation is not an agreeable state of affairs. Many a time, trademark (TM) owners end up in protracted litigation because when the time was right, they did not get trademark registration in India of their brand name.

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A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a  word signature, name, device, label, numerals or  combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

Selecting a good trademark

If the Trademark is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it. Also avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.

Who can apply for a trademark and how

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in a prescribed manner for registration.The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark.The application should be in English or Hindi.It should be filed at the appropriate office.The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post.These can also be filed online through the e-filing gateway available at the official website.

Investing your time and money to build a particular brand and seeing the same brand name being used by another, robbing you of your hard-earned brand reputation is not an agreeable state of affairs. Many a time, trademark (TM) owners end up in protracted litigation because when the time was right, they did not get trademark registration in India of their brand name.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


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