What are the sources of trademark laws?

Posted On & filed under .

The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder . International multilateral convention. National bilateral treaty. Regional treaty. Decision of the courts. Office practice reduced in Manuals and guidelines and rulings of the Courts. Decision of Intellectual Property Appellate Board. Text books written by academician and professional experts. A trademark (popularly… Read more »

What are the formalities and government fees for major trademark transactions?

Posted On & filed under .

The formalities and government fees for major trademark transactions For filing new applications there are prescribed forms depending on the nature of application such as  Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.      Fees: Rs.4000/- To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for… Read more »

What are the benefits of registering a trademark?

Posted On & filed under .

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive… Read more »

Who benefits from a trademark?

Posted On & filed under .

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks… Read more »

What are different types of trademarks that may be registered in India?

Posted On & filed under .

Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark. An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service. Letters or numerals… Read more »

Who can apply for a trademark and how?

Posted On & filed under .

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. 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. … Read more »

What is the function of a trademark?

Posted On & filed under .

Under modern business condition a trademark performs four functions It identifies the goods / or services and its origin. It guarantees its unchanged quality. It advertises the goods/services. It creates an image for the goods/ services. A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a  word… Read more »

How to select a good trademark?

Posted On & filed under .

If it 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. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe… Read more »

FAQs on Trademark

Posted On & filed under .

 What is a service mark?  A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. A SERVICE MARK is the same as a… Read more »

What is a trademark?

Posted On & filed under .

A trademark is a word, name, sign, symbol, logo or device which is used in relation to the articles of commerce or the services to distinguish it from the other same or similar goods or services coming from a different source.