REQUIREMENTS AND BENEFITS FOR TRADEMARK REGISTRATION IN INDIA

REQUIREMENTS OF A TRADE MARK REGISTRATION  

Applicant has to furnish his Full name and address in the application and mention other details such as specify individual names of goods or services , their class and the International class to which they belong. Other specifications to be included are device, mark, figure, character , logo or color of the services and goods.  

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION • Power of Attorney: TM-48 Form  • Application’s certified copy which is essential for convention priority may be filed within a period of three months from the date of Indian filing of the application.  • The mark’s clear print or color mark’s ten prints that should be not more than 7cm x 7cm. • List mentioning all Goods/ Items for which a trade mark application has been made or proposed to be made.  • If the Trade Mark is in use in India from before, date since it was first used has to be given. • If an application for Trade Mark has already been made in other countries, a list of these countries with the date is required.  

TRADEMARK REGISTRATION COST • 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.2,500/- • For filing form TM-5 for a notice opposing the published application in Trade Marks Journal. Fees: Rs. 2,500/- • For filing form TM-12 to renew a trade mark which is recognized. Fees: Rs.5,000/- For filing form -10 for surcharging a belated renewal. Fees. Rs 3,000/- • For filing form TM-13 for restoration of a removed mark. Fees: 5,000/- • For filing form TM-26 to apply for a registered trade mark’s rectification. Fees: Rs. 3,000/- • For giving details of entries in Register Fees: Rs. 500/- • Preliminary advise of the Registrar as to the registrability of a mark(Form TM-55).Fees: Rs.500/-.  • For filing form TM-55 for seeking Registrar’s preliminary advise for a mark’s registrability. Fees: Rs. 500/- • For filing of Form TM-60 for requesting copyright search and issuance of certificate. Fees:, 5,000/-

ADVANTAGES AND BENEFITS OF TRADEMARK REGISTRATION in INDIA  

A registered trademark is useful for businesses and also benefits the consumers in a number of ways such as:

  1. Right to Exclusive use

It enables the proprietor to exclusively use the mark for his goods and services. In case his trade mark is used in an unauthorized manner, he retains the right to sue in case of infringement of his right and powerful remedies are granted to him by law.

  1. Right to Hypothecation

One can pledge a registered trade mark as security to avail loan facilities.

Right to enjoyment of Intangible Property  

It symbolizes and creates an intangible property that is identifiable in the eyes of law. It indicates the goodwill or reputation of a product.  

  1. Right to License

A license of trademark is capable of being recorded on trade mark register. This enables the licensee to imitate legal proceedings in case his rights are infringed upon.

  1. Right to Assign  

One can transfer it, unlike a common law trademark, which is transferable only with the business because it derives its goodwill from the business and the two are not severable.

  1. Right to deter

It acts as a deterrent to other businessmen to not use similar trademarks in connection to services and goods offers by its original owner.

  1. Useful in proceedings

Registered trade mark may be used an evidence for validation of proprietorship rights attained by registration.  

  1. Right to use the word registered or  “R”.

It also helps the consumers to make a rational decision while buying goods by searching for good brand names of their choice and avoiding the ones that gave them a bad experience.  

For more Details about Trademark Registration in India, visit Company Vakil and get your queries answered by highly skilled Trademark Attorneys