March 11

Preparing a trademark application and format for trademark application

The following are the requirements for filing a trademark application:

Name, address and nationality of the applicant. If the applicant is a partnership firm the name and address of the partners.
If the applicant is a company state of incorporation of the company
The logo or trademark to be registered in jpeg format
A list of the goods and services for which the trademark has to be registered.
Duly filed application form
Date of use of trademark if the trademark has been used
Power of attorney

Format for Trademark Application: Form TM-1

Format for power of attorney: Power of Attorney

For more information regrading preparing a trademark application , please get in touch with us at info@ssglawfirm.in

FAO’s regarding Trade Mark Search

What is a trademark search?

Trademark search is searching the database of trademark registry to find out whether a proposed trademark exists for not. Though it is not compulsory to conduct a trademark search before filing a trademark application but it is always advisable to conduct a trademark search.

Trademark search in India can be made on the basis of word, letter, and mark whereas device searches are conducted in India according to the Vienna convention. The word search is conducted according to the letter that forms a part of the mark or word which requires trademark and by putting the appropriate class to which the trademark belongs.

What are the benefits of conducting a trademark search?

Conducting a trademark search is not necessary but it is always advisable to conduct a trademark search before filing an application for registration of trademark. Firstly, conducting a trademark search helps an individual to understand whether his proposed trademark has already been registered or not. Filing an application in respect of a trademark already registered is an invitation to infringement suit and defending such a suit which would involve large amount of money or discontinuation of the proposed trademark.

Secondly the trademark search will helps you analyse the strength and weakness of your trademark and you always have the option of changing the words, symbol or design of the trademark before registering it.

Is conducting a trademark search an online procedure and free of cost?

Yes, trademark search is an online procedure and can be done online but simply typing the words and chosing the category from the website given below http://164.100.176.38/tmrpublicsearch/frmmain.aspx

How can a trademark search be conducted?

A trademark search is conducted on basis of three parameters word mark, device mark and phonetic. The following are the steps of conducting a trademark search
Step 1: go to http://164.100.176.38/tmrpublicsearch/frmmain.aspx
Step 2: Select word mark, Vienna code and phonetic from the search type
Step 3: Type the word mark starting letters, phonetic letters or Vienna code
Step 4: Select the type of class of trademark . The list of class is available at http://164.100.176.38/tmrpublicsearch/classfication_goods_service.htm
Step 5 : After selecting the class of goods click on search

What is a Trademark – Some Basic Concepts

What is a trademark?

A Trademark is a sign, symbol or design of one person which distinguishes his product from the product of his competitor. A trademark can be a word, logo, pictures, color or combination of any of these. In a layman language a trademark is a sign or symbol which will differentiate his product from his rivals. a Trademark provides an identity to the business or services offered by an individual.

What are the essential features that a trademark should have?

There are two essential features of a trademark. The first essential feature is that it should be distinctive and second essential feature is that it should not be deceptive. Distinctive would mean that the trademark should be different from the product sold or services offered. The example of a distinctive trademark is apple for computer. Besides being distinctive a trademark should not be deceptive. Deceptive here means that the trademark should not be such that it misleads the consumer. An example of deceptive trademark would be having an iso registration mark for a product which does not have the certification.

What marks can be adopted as trademark?

The following are the marks which can be adopted as trademark:
Any name for invented name
Letters or numerals or combination of letters and numerals
Monograms
Combination of colours
Shapes of goods or their packaging
Three dimensional marks
Sounds when they are said in a particular fashion

What marks can be registered as Trademark?

According to the Trade Mark Act, 1999 the following types of trademarks can be registered in India:
1) Product trademarks which are associated with particular goods
2) Service trademarks which are associated with particular kind of service

What do the symbols TM, SM AND R signify?

The symbol ™ stands for an unregistered trademark once the application for registration has been filed.

The symbol ℠ signifies an unregistered service mark once the application for registration has been filed.

The symbol ® signifies a registered trademark. A remedy exists in law if a registered trademark is used by any other person except the owner of the trademark.