J and J IP - Trademark Registration India
The Founders IP is a leading Trademark service provider in India.
3 Easy steps for filing trademark application India
Free Trade mark search upto 3 nos by Paralegal
Make necessary changes to brand name or logo
Proper selection of class and description of goods and services
Fill data sheet and return
Send copy of Partnership deed, Copy of Resolution passed, Incorporation certificate
Send copy of logo as jpeg, tiff or pdf
Send User proof if user date is claimed
Sign, Seal & return Power of Authority to TM attorney to file &
Pay fees at the time of entrusting the work
Await Additional representation with Trademark application number and seal.
Fill Trademark information sheet and pay online/ Call: 0 92070 99990
What is a Trade mark ?
Trademark consists of visible Brand name or Logo or Label or Tagline /caption or a combination of Logo, brand name and Tagline. A person who sells his goods under a particular trademark acquires limited exclusive right to use the mark in relation to his goods. Such a right is acquired by use and is recognised as a form of property in the Trade mark. Jewellery Trademark, Clothing brand, Drinking water brands, Medicine brands are examples
What is a Service mark ?
Service mark usually consists of visible Trade name or Logo or Tagline /caption or a combination of Logo, Trade name and Tagline. A person who sells his services under a particular trademark acquires a sort of limited exclusive right to use of the mark in relation to his services. Such a right is acquired by use and is recognized as a form of property in the Trade mark. Hospital brands, Hotel brands, Builders trade name are examples.
Under the modern business conditions a trade mark performs four functions:
- It identifies the product / service and its origin
- It guarantees its unchanged quality
- It advertises the product or services, and
- It creates an image for the product or service.
The main object of the trademark is to protect the goodwill and business reputation and also to protect the consumers from deception
What is meant by a good trade mark ?
A good trade trademark should possess the following attributes:
- It should be easy to pronounce and remember, if the mark is a word.
- It must be easy to spell correctly and write legibly
- In the case of device mark the device should be capable of being described by a single word.
- It should satisfy the requirements of registration
- It should not belong to class of marks prohibited for registration.
In general a manufacturer of goods or service provider is free to adopt any mark to distinguish his goods. There are few exceptions to this i.e. eg. Emblems and names (prevention and improper use) Act.,
Purely descriptive or laudatory words like best, hi quality, perfect, premium, perfect, excellent, names of places of industrial or commercial importance potentially suitable for manufacture of goods, names of gods and goddesses, surnames, certain numerals and letters , words phonetically or visually similar to reputed trademarks and so on are unsuitable for trade marks.
Is registration of trade mark compulsory ?
Trademark registration though not compulsory under the Trademarks Act, it is advisable to register and protect your trademarks just like any other physical property as it is an asset. Once your trade mark is lost your business is lost.
Why should I register Trade Marks ?
- Imagine a situation where your Brand name/ trade name / label / slogan being copied by someone for his commercial benefit purposefully or unknowingly and thereby destroying the goodwill and reputation earned by you; or
- Imagine a situation where your trade name/brand name / logo / label/ slogan/ phonetically or visually similar mark is copied and used by your competitor. Further him registering his trademark prior to you and asking you to stop using your trade mark by procuring a temporary or permanent injunction from District Court or High Court saying that your mark is identical or similar to his/her mark; or
- Imagine a situation where you have to pay compensation or royalty for using Trademark for your business to your competitor.
So you can escape from these imminent dangers by identifying, protecting, managing and enforcing your intellectual property at the commencement of business itself. Like any other physical property/real estate, your intellectual property/intangible assets need to be protected and guarded from encroachment by properly guarding it ie. by way of registration and enforcement of your intellectual property otherwise your investment of time, money and resources will be wasted and another person will utilize it to their advantage.
Why should you consider filing your Trade marks at the earliest?
Please note that "If your goodwill and reputation is lost then everything is lost" so it is very important that you protect it immediately. There are more than 3.5 million trademarks already registered and pending at the Trademark Registries in India therefore all kinds of names and logos are getting saturated and all the more difficult to register. As time passes similar or phonetically similar marks which are likely to be applied or registered prior to your application is more as several thousand applications are being filed on daily basis at different Trademark Registries in India. Moreover, a Trade mark registration usually takes around 1-3 years hence same should be filed as soon as possible.
How long would it take to register a trade mark ?
- Current time frame for getting registration in case of straight forward applications ( Coined/Rare name is around 12 months).
- It may take around 2 years and more if the application encounters objection
And more than 3-4 years if it encounters Opposition from third party after Journal publication.
As registration of trade mark in India is time consuming due to heavy back log of applications it is advisable to start using the mark after an application for trademark registration is made. An application will put a claim to proprietorship of the mark even if it is only proposed to be used. You may use the letters TM or SM very near to your trademark from the date of application this will indicate that you have taken steps to protect your trade mark.
When can I use ®
It is an offence to use ® unless your Trademark or Service mark is registered and a Registration certificate has been issued by the Trade mark registry, Government of India.
When can I use TM or SM
You may use the letters TM or SM very near to your trademark from the date of application this will indicate that you have taken steps to protect your trade mark
How to select a Trade mark
CHOOSING A GOOD TRADE MARK FOR NEW PRODUCTS OR SERVICES
Your trademark is the most important asset your business will ever own. A good trademark will distinguish you from the competition and help you stand out in a crowd. A poor trademark will entangle you in legal disputes and blunt your marketing efforts. When you are ready to launch a new product or service and are thinking about selecting a new trademark, please follow these simple guidelines.
1. Avoid trademarks that cannot be registered.
There is no point in investing in a trademark that you cannot protect. Registering the mark protects it from competitors, ensures your ownership rights in the mark and makes it easier to enforce your rights against copy cats. Eg.Those that have already been registered by others for same services
As you will read below, certain types of words are inherently difficult to register and should be avoided.
2. Avoid purely descriptive words.
Words which describe the nature or quality of the goods or services sold with the mark are not permitted to be registered. Hence, the mark “Cold Beer” for use with malt beverages cannot be registered because it describes the actual product being sold. If registered, it would prevent anyone from using the terms Cold and Beer to describe their malt beverage. Eg. Prime coat for paints, Food world for Restaurant. Descriptive terms cannot receive Trademark Registration unless, over a period of years, the terms have acquired a special, identifiable meaning in the minds of the public Eg. Surya lights, Reliance
3. Avoid surnames.
Surnames usually cannot be registered as trademarks. The mark “Wilson Power Boats”, for instance, is a poor choice for a trademark because the word Wilson is a surname (and the rest of the mark is descriptive).However some Family names would make it distinctive.
4. Avoid confusing trademarks.
A trademark which is confusingly similar to a registered trademark cannot be registered. Hence, the mark "Nutriesol" cannot be registered if the trademark "Nutrisole" has already been registered for a similar type of product. A search of the Indian Trademark database is a good idea.
5. Avoid generic words.
The goal is to select a trademark which is as unique and distinctive as possible; therefore, avoid generic words. Examples of generic terms include “green, superior, Indian, Kerala, deluxe, gold, premium and a plethora of others. These words are generic and if you incorporate them into your trademark, you ensure that you blend into the crowd, not stand out in front of it. You will have to disclaim such words while registering a Trademark.
6. Avoid TLAs (Three Letter Acronyms) and numbers.
IBM, CTV, and ATT are distinctive trademarks because their respective owners poured tens of millions of dollars into making the marks famous. Even a poor trademark can be made famous if you throw enough money at it. But acronyms are intrinsically difficult to remember, while words, especially colourful words, are easily remembered. Hence "ELS Software Solutions" is not as memorable as "Volcanic Silicon." Likewise, avoid using numbers in a trademark as they tend to be less memorable. Furthermore, there are a limited number of unused acronyms available, so there is an excellent chance that your TLA will be confused with someone else's.
7. Avoid Suggestive marks
A "Suggestive" mark is one which merely suggests some quality or characteristic of the services. If the mark is determined to be suggestive, and non descriptive, the mark is entitled to Trade mark Registration and to the same protection as a "distinctive" mark. However, the Suggestive marks are very weak, in that they often do not provide the owner with the ability to stop others from using marks which are very similar on similar goods, or even identical on different goods.
8. Avoid Famous names
Avoid famous and popular trademarks. Some names are prohibited from being registered at the Trademark registry. Eg. Philips, Bajaj, Telco, Volvo, Omega, Rado etc..
9. Prohibited Marks
Avoid marks which are prohibited Swami Vivekananda, ISO, Interpol, Aldrin, Balaji, National, Nehru etc..
10. Use invented words.
Invented words are words which do not exist in any language, apart from your trademark. Examples include Spandex, Exxon, Kodak, Viagra, and several other famous trademarks. Invented words are a good choice for use as trademarks because they are not descriptive and they tend to be quite distinctive. You can create an invented word by simply combining parts of other words. For example, Microsoft is a combination of “Micro computer” and “software.”
11. Try animal or plant names.
Animal and plant names tend to be quite memorable and, if used appropriately, can convey a good image while still being distinctive. Apple Computers, Tiger Balm and Ford Mustang are good examples.
12. Finally, make sure that the first word in your trademark is as distinctive as possible.
It is often necessary to add descriptive words to the trademark in order to convey what is being sold or marketed in association with the mark. If generic words must be included then it is doubly important to ensure that the first word of the mark is as distinctive and unique as possible.
Following are some trademarks that are strong because they are not descriptive of their product:
- Apple for computers
- Red tape for shoes
- Kodak for film
For marketing purposes, you may want to link a fanciful or suggestive mark with a word or phrase describing your product or service, i.e. Kodak Film, so that your customers do not have to guess about what you are offering. But this is far better than choosing a descriptive mark that has great potential for conflict with other descriptive marks and that will never be granted broad legal protection. Taking this approach is likely to save you lots of money in attorney's fees and many problems down the road.
Once you have selected one or more marks, we will be happy to help you search them and register them.
Register ability of an existing descriptive, similar or generic mark shall depend upon several factors like user, goodwill earned, popularity etc. An experienced and well qualified Trademark attorney would be able to help you in overcoming the obstacles and register the same .
Our company name is registered under the Companies Act or with Registrar of firms hence is it necessary to register Trade mark
It is not enough that you have registered you trade name under the Companies Act or with the Registrar of Firms. Registration of your company or firm is for making your company a legal entity and name search is conducted only among the companies already registered as Pvt. Ltd or as Limited Liability Partnership(LLP) .There is a possibility that a Proprietorship concern or a Partnership concern will use it as there is no bar to such use. It would be risky, difficult and expensive for you to prove that you were the prior user. Therefore, it is always better to register your marks at the earliest. Even prior to using the mark or logo you can file your application as ‘Proposed to be used’ as registration expenses are reasonable and affordable to all.
Duration of Trade mark registration and Trade mark renewal India
Trademark once registered is valid for 10 years and it can be further renewed for a period of 10 years and so on. Trademark renewal can be done up to 1 year from the date of renewal by payment of necessary fine.
What can I do if my trademark is already registered by a competitor
If a similar or identical trade mark is registered by a subsequent user you have the right to initiate cancellation/rectification action against your competitor. You also have the right to initiate a civil (passing off action) and criminal action against your competitor who is violating your mark in India. It is ideal to apply for TM application prior to initiating any invalidation proceedings
What are the advantages of being a prior use.?
Priority in adoption and use prevails over priority in registration by a subsequent user
Can I apply Trademark for a brand or name which is proposed to be used
Under the Indian trade mark law you may file an application with user date as proposed to be used however you must have a bona-fide intention to use it in future in respect of your goods or services. An applicant can claim rights from the date of filing such application.
Can I apply the same trade mark in multiple classes ?
Yes. You have the option to file same trademark under multiple classes i.e. for different goods and services.
Can I register same trademark or logo under same class of goods in Black & white as well as Colour ?
Yes. You may register same trademark in black colour as word mark or with artistic work and in colour.
Does mere filing of any Trade mark confer any rights on the applicant ?
Mere filing of a TM applicant does not confer much rights. An applicant should continuously and consistently use the mark to claim proprietory rights over the mark. Moreover, only on registration of the mark an applicant can claim exclusive right over his mark and can claim any damages in case of infringement.
How can a foreigner or foreign company register TM in India ?
Many foreign companies have successfully registered their brand in India and Indian courts have upheld many of those registrations and granted favourable decisions to trademark holders. It has become an usual practice in India to copy foreign brands by domestic applicants. Moreover such third parties also register country coded top level domain names. Such registrations will prevent foreign companies from marketing their products or services in India. It is therefore necessary to do the following:
- Get a Trade mark search report from Trade mark attorney of J and J Ip
- Get common searches done by J and J IP for eg. internet, market survey, yellow pages and other directory survey
- If the trade mark is available immediately apply for TM registration in any of the Trade mark offices in India and also register country specific domain names
- Entrust a Trademark watch service with J and J IP
- If you are using the Trade mark in India you should consider advertising the same, make press releases, publish Trade mark cautionary notices so that trade and public would come to know of your use of the mark in India and the steps taken by you to protect it.
- You should take immediate action in case your IP rights are violated by conducting IP investigations, sending cease and desist lawyer notice or initiating appropriate legal action.
Is trans border reputation of a foreign trade mark recognized in India ?
Trans border reputation of a foreign well known brand is recognized in India by the Trade mark office, High courts and the Supreme court due to the increasing globalization of trade and industry. No distinction is made between foreign and Indian trade marks by the Indian Trademarks Act. An advertisement and report regarding product launch in India is sufficient to establish the user in India.
Can I make corrections to the TM application already filed or to the Register of Trade marks ?
Basic principle is that trade mark once applied for should not be substantially altered affecting its identity. Some changes can be made subject to the Trademark rules .
What is the penalty for infringement of Trade marks ?
Apart from an injunction preventing further use of the mark penalty prescribed under criminal law for selling or providing services under a false trade mark is a minimum of six months and maximum of three years with fine not less than Rupees fifty thousand up to Rupees two lakhs. Moreover court can also order confiscation of infringing goods, packets, covers, brochures etc.
Can a proprietor of an unregistered trademark initiate legal action against a duplicator or subsequent user ?
Proprietor of an unregistered mark may file a civil suit for passing off on the basis of prior user. Further he can also lodge criminal complaint against the infringers.
Copyright registration of Trademarks in India with Artistic work, Characters
To register Copyright in a Trademark trade name or mark with particular Artistic work/label/Logo design/ Colour / you need to No Objection Certificate from TM Registry Fees shall be paid at the time of entrusting the work
Tips on Trade mark management
The term Intellectual Property Management may mean different things to different people. However, it is the judicious and effective exploitation of Intellectual Property rights or IPR to maximize profits and enhance competitive positions. It can be operational through three key principles.
It would be a good and useful exercise to take a few minutes to develop a list of actions or measures associated with the following principles in your organization.
- Researching to find methods to produce more at affordable prices or at a lower price.
- Managing R&D and Intellectual property use at peak efficiency
- Using appropriate technology.
IP management can be made a part of your overall organizational management process. In order to manage your Intellectual property assets you need to understand.
- Your current Intellectual Property pool and what influences it
- what opportunities are there to increase your pool.
For managing intellectual property a company should adopt the following five steps like
- Clearly understanding what comprises Intellectual property
- Understanding the valuation of your IP assets
- Understand where IP is utilized
- Understand how IP is utilized
- Optimization of commercial exploitation.
J and J IP Management Services, one of the best intellectual property service provider in India which provides IP legal consultancy relating to protection of intellectual property rights, advise on intellectual property law, intellectual properties management to intellectual property management company and individuals. This intellectual property law firm also provides advice to intellectual property law firms from other parts of the world regarding ip laws in India.
Can I entrust a TM application already filed through another to J&J IP’s care
There are several consultants and lawyers who offer to file applications at cheap rates having no knowledge or intention to prosecute the same properly until registration. To register a trade mark in this highly competitive environment skill and experience of qualified Trade mark attorneys are required. We can take up the matter midway and prosecute the same until registration. Fee for the same is only INR 6500/- inclusive of fee for fling reply to official objections, filing fresh Power of Authority, amending the address of service by filing TM-16 and prosecuting the application until registration. In case of any oppositions extra fees shall be charged.
TM services Kerala
- Trademark registration in Kochi/Cochin, Ernakulam
- Trade mark registration in Thiruvananthapuram/Trivandrum
- Trade mark registration in Kollam
- Trade mark registration in Kottayam
- Trade mark registration in Pathanamthitta
- Trade mark registration in Alleppey/Alapuzha
- Trade mark registration in Thrissur/Trichur
- Trade mark registration in Malappuram
- Trade mark registration in Kozhikode/Calicut
- Trade mark registration in Wayanad
- Trade mark registration in Palakkad/Palghat
- Trade mark registration in Kannur
- Trade mark registration in Kasargode
- Trade mark registration in Idukki
Trade mark registration in Karnataka
Trademark registration in Bangalore/Bangaluru
Trademark registration in Mangalore,Udupi
Trade mark registration in Andhra Pradesh
Trade mark registration in Hyderabad
Trade mark registration in Visakhapatam
Trade mark registration in Tamil Nadu
Trade mark registration in Chennai
Trade mark registration in Coimbatore
Trade mark registration in Madurai
Trade mark registration in Delhi
Trade mark registration in New Delhi
Trade mark registration in Mumbai
Trade mark registration in Pune, Maharashtra
Trade mark registration in Kolkata
Trade mark registration in Ahmedabad, Gujarat
Trade mark registration in Jaipur, Rajasthan
Trade mark registration in Nagpur
Trade mark registration in Bhubaneshwar, Odisha
Address of Trade Mark Offices:
Trademark office Chennai:
Registrar of Trade Marks.
Intellectual Property Office Building,
G.S.T. Road, Guindy, Chennai-600032 .
Trademark office Mumbai:
Registrar of Trade Marks,
Boudhik Sampada Bhawan, Antop Hill,
S. M. Road, Mumbai - 400 037.
Trademark office Kolkata
Registrar of Trade Marks,
Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City,
Trademark office Ahmedabad
Registrar of Trade Marks,
15/27, National Chambers, 1stfloor,
Ashram Road, Ahmedabad 380009
Trademark office New Delhi
Registrar of Trade Marks,
Intellectual Property Office Building,
Plot No. 32, Sector 14, Dwarka,