If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "Trademark" is that symbol you will use to do so. Registering a Trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own Trademark, if your business is applicable for the same.
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.
The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
Types of Trademarks available
- Names, including your own name or surname.
- An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination.
- Combination of colours or even a single colour in combination with a word or device.
- Shape of goods or their packaging.
- Marks constituting a 3-dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represened
- A soft copy of the logo in JPEG format.
- TM 48 (form of authorization).
- Date of first use of the mark.
- Name and address of the proprietor of the mark.
- Required fee.
What does the register of trademark contain?
Currently maintained in electronic form, the trademark contains the following:
- The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.
- Address of the proprietors.
- Particulars of trade or other description of the proprietor.
- The convention application date (if applicable).
- Place where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights..