A Trademark is any sign that individualize the goods of a given enterprise and distinguish them from the goods of its competitors. Generally it is a virtually perceptive sign such as name, word, label, symbol or logo which is legally registered and this trademark represent a particular organisation, company, product, or service to distinguish it from other companies or products delhi trademark registration online portal provide such services. In simple terms, it is a visual symbol in the form of a word, device or label applied to articles of commerce with a view to indicate to the purchasing public that it is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufactured by other persons. The Trademark owner can be an individual, business organisation or any legal entity. It may be located on a package, label or voucher or on the product itself you can get your trademark register by delhi trademark registration online portal. For the sake of corporate identity, trademarks are often displayed on company buildings. The First legislative Act concerning Trademark was passed in 1226 under the reign of “Henry VIII“, requiring all bakers to use a distinctive mark for the bread they sold. The first modern Trademark Law emerged in the late 19th century. The term Trademark was statutorily defined under Sec.2(1)(zb) of the Trademark Act,1999 as follows :
“Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or service of one person from others and may include shape of goods, their packaging and combination of colours. Trade mark provides protection to the owner of the mark by ensuring the exclusive rights to use it or authorize another to use it in return of payment read more in detailed about trademark only at delhi trademark registration online portal. It works like a weapon in the hands of registered proprietor or owner of the mark to stop other traders from unlawful use of the mark of the registered owner. In Cadbury India limited v. Neeraj Food Products, the Delhi High Court observed that the spirit, intendment and purpose of the trademark legislation is to protect the trader and consumer against dishonest adoption of one’s trademark by another with the intention of capitalizing on the attached reputation and goodwill.
Know about what are different components of a trademark – Delhi Trademark Registration Online Portal
A trademark is required to be capable of being represented graphically. Graphical representation means the representation of a trade mark for goods or services represented or capable of being represented in a paper form and include representation in digitalized form you can consult about this at delhi trademark registration online portal.
Distinctiveness: a trade mark is required to be capable of distinguishing the goods or service of one person from those of others.
Non traditional marks or modern marks: Apart from the aforesaid marks, there is a new category of modern marks which are protectable only in some countries. These marks include three-dimensional marks, such as the shape of goods or their packaging, colours, per se, sound marks, motion marks and taste marks. Above service for online trademark registration in delhi NCR is now available at Delhi Trademark Registration Online portal.
Smell marks: smell is said to be one of the most potent types of human memory. The manufacturers are adding pleasant scent to their products. To obtain registration of a smell mark applicants must be able to visually represent the product’s scent and must show it is distinctive from the product itself
Sound marks: In case of a sound mark, alternative methods have emerged for their visual representation: depictions by oscillogram, spectrum, and sonogram are now being accepted. In India first sound mark has been registered on August 18, 2009. The mark was registered in favour f California-based Internet Firm Yahoo Inc.’s for its three note Yahoo model. Source provided by delhi trademark registration online portal.
Taste marks: for the representation of taste marks graphically, the WIPO standing committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) reports that “the graphic representation requirement was satisfied by using a written description of the taste and an indication that it concerns a taste mark.”
Colour mark: single colours or shades of colour have attracted a lot of attention in the business circle in contemporary times. Colour is a powerful and effective tool for creating brand identification. Colour per se are normally registered as trade marks in exceptional cases only and that too when they are used exclusively and acquired secondary meaning by becoming distinctive. For TM registration online in Delhi NCR visit delhi trademark registration online.
Moving images, holograms and gestures: multimedia production has opened the way for even more non- traditional trademarks: holograms, gesture and motion or moving image marks. Their registration usually requires the use of a sequence of picture or drawing to depict how the trade marks functions. Read more about different components of trademark registration and services through delhi trademark registration online portal.
TRADE MARK REGISTERATION IN INDIA – A BRIEF by Delhi Trademark Registration Online
Any person who intends to use a trademark or to have it used by third parties can apply for its registration through Delhi trademark registration online. That person can be either a natural person or a legal entity, even a holding company. As per section 18(1) of the Trademark Act, 1999, 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 registrations. The application must contain the name of the mark, goods and services, class under which those goods and service fall, name and address of the applicant, period of use of the mark. For Online Trademark application in Delhi NCR visit delhi trademark registration online.
Any person means a partnership firm, association of persons, a company, whether incorporated or not, a Trust, central or state government.
Steps for registration of trademark by delhi trademark registration online portal include:
- Search for the name, device, logo, and mark intended to be applied as trademark
- Apply for registrations of trademark
- Examination of application by the registry. Examination report issued by the registry raising objections under different section of the Trademark Act
- Replying to the official objections and if required, ask for hearing. Applicant need to file evidence in support of the trademark application
- Advertisement of trademark in official gazette/trademark journal for the purpose of opposition filed by the public within 3 months from the date of publication
- If no opposition is received, a certificate is issued in favour of applicant
The Trade mark Act 1999, lays down absolute grounds and relative grounds for refusal of registration of trade marks under the Act. Baring a few exceptions, the absolute ground for refusal of registrations refuse the registration absolutely whereas the relative grounds for refusal are applicable only when there already exists a trade mark, in comparison to which the new trade mark is not registerable. For Trademark registration online in delhi NCR you can go to delhi trademark registration online portal.
Delhi Trademark Registration Online tells about different types of trademark registration in India
As per the rules laid down Trademark Registry on the basis of Trademark Registration Guidelines followed worldwide that are defined by WIPO, there are following different types of trademarks that can be applied for TM Registration in India and for more concern related to online trademark filing ind delhi NCR visit delhi trademark registration online portal. The trademarks can be classified into conventional or traditional trademark and non-conventional trade mark read more about classification of trademarks at Delhi trademark registration online. Non conventional trade mark, also referred as a non traditional trademark is a new genre of trademark not belonging to the former conventional league of trademark. Some features of the non conventional trademarks are,
1.They are challenging to be registered , yet have a unique identification of the commercial origin of the product or service
2.They include marks based on appearance, shape, sound, smell, taste and texture. Thus they can be both
Tangible signs : colour, shapes, moving images, holograms, positions
Intangible signs: Sounds, scent, Taste, Texture
Some of the unconventional trademarks are discussed below ,
1.Wordmarks: Most common types of trademark registration in India or even worldwide for that matter is a Word mark Registration. Basically a word mark Registration means Brand Name Registration under the Trademark Act, in case of online Trademark Application for a Word mark just the name of a Brand is applied with no device logo along with same. Source info provided from delhi trademark registration online portal.
2.Trademark on shape of goods: It is a sort of unconventional trade mark which is basically on the trademark shape of the product being sold or maybe some unique aspect associated with the Brand being Trademark like packaging of a product or a Tangible design of the product which is synonymous to the product being trademarked.
3.Three dimensional Marks (3-D Marks) : one more type of Non-conventional Mark is a 3-D mark i.e., a 3 Dimensional Trademark. Basically a 3D mark are those sorts of trade mark registration in India which strictly have a distinctive Physical appearance of the product or a 3 Dimensional image of the Distinctive packaging exclusive to the product ‘s Physical appearance. Consult for online trademark registration in delhi NCR through delhi trademark registration online.
4.Service based Trademark: As it is known there are 45 Trademark classes in total and out of those are 10 TM classes that are from classes 35-45, which totally deals with the Trademark Registration of service based marks, basically these are Trademark Applications which are filed by everyone and anyone in service sector of business. For Online TM Filing in delhi NCR visit delhi trademark registration online portal.
5.Symbol or Device logo Registration in India : this is one of the most common and simple yet quite effective type of trade mark Registration in India and it is opted by maximum number of people throughout the country or even abroad for that matter. Logo or a symbol representing a business is generally considered as a Brand for that Business and that business has full power to trade its service or goods as per the applied trademark in the concerned category. For Online Trademark registration in delhi NCR you can visit our portal delhi trademark registration online.
6.Series Mark: Service marks are trademarks which have a common syllable, prefix or suffix, thus denoting as a family of marks sharing a “common name”. They should differ only as to matter of non-distinctive character (goods, price, quality or size). Example- MC Donald’s have a series of Mc registered as a word mark. Get specific information on online TM application in Delhi NCR at delhi trademark registration online.
7.Certification Mark: the certification mark is created to show a specific quality standard that the company has met. This means that the public will be aware of the trader’s goods or services are certified as it has met a particular standard as defined by the certifying body that owns the certification mark. Certification marks are used to define “standard” of goods or service. For example- FSSAI – certification for the quality of packaged food products. For more information related to Trademark Registration online Delhi NCR visit Delhi trademark registration online portal.
DETAILED PROCESS OF TRADE MARK REGISTRATION IN INDIA – DELHI TRADEMARK REGISTRATION ONLINE PORTAL
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing to the Registrar in the prescribed manner for the registrations of his trade mark. The term “any person” includes individual, company, or association of persons or body of individuals, society, HUF, partnership firm, whether registered or not, government, trust etc. The application for is to be filed in the office of the Trade Mark Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants, the principal place of the business of the first applicant is situated. Or for online trademark filing in delhi NCR you may visit to delhi trademark registration online portal.
Acceptance or refusal of application: The Registrar may subject to the provisions of the Act, refuse the application or accept it absolutely or subject to such amendments, modification, condition or limitation, if any as he may think fit
Correction and Amendment: As per section 22, the Registrar may at any time, whether before or after acceptance of application for registration, permit the correction of any error in or in connection with the application or permit an amendment of application.
Withdrawal of Acceptance: After the acceptance of an application for registration of a trade mark but before its registration , if the registrar is satisfied (a) that the application has been accepted in error ; or (b) that in the circumstance of the case the trade mark should not be registered or should be registered subject to condition or limitations, then the Registrar may withdraw the acceptance after hearing the applicant if he so desires, and proceed as if the application had not been accepted. Services related to online TM filing delhi NCR, online trademark application delhi NCR consult to delhi trademark registration online portal.
Advertisement of Application: once an application for registration is made and accepted by the registrar, the registrar has to cause the application to be advertised.
Opposition to Registration: section 21 enables a person to give notice of opposition to registration in writing to the within four months from the date of advertisement or re-advertisement of an application. Once an application for registration is made and accepted by the Registrar, he has to cause the application to be advertised and within 4 months from the date of advertisement, any person may lodge with the registrar a notice of opposition in writing to the registration of such mark. A copy of such notice is to be served upon the applicant. Read more in detailed about process of trademark registration on delhi trademark registration online portal.
Counter Statement From The Applicant: The applicant may send a counter-statement of the grounds on which he relies for his application within 2 months from the receipt of notice of opposition.
Submission Of Evidences And The Decision Of Registrar: Any evidence on which the opponent and the applicant may rely is to be submitted to the registrar within the prescribed time. Registrar shall give them an opportunity of being heard. After hearing he decides whether and subject to what conditions or limitations, the registration is to be permitted. Step by step process of trademark registration only at delhi trademark registration online.
Registration : A trade mark is registered under sec.23 when an application for registration of a trade mark has been accepted and either- (i) the application has not been opposed and the time for notice of opposition is expired; or (ii) the application has been opposed and is decided in favour of the applicant
Registration Prevented by other laws :
A trademark is not to be registered if, or to the extent that its use in india is liable to be prevented-
- By virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of the trade; or
- By virtue of copyright;
A trademark is not to be refused registration on any of the grounds unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earliest trade mark. Section 17 provides that when a trademark consist of a several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole. The court has stated that merely because a mark was registered under section 17 of the Trade Marks Act,1999, the protection under the Act would not follow automatically. Read all about Trademark and its registration process at delhi trademark registration online portal.
MAJOR REASONS FOR ONLINE TRADE MARK REGISTRATIONS IN INDIA BY DELHI TRADEMARK REGISTRATION ONLINE
- Valuable asset: trade mark helps to distinguish a company’s goods or service from its competitors. Registration of trade mark online in India gives a brand value to the same, that helps a company to stand apart from its competitors and help gain attention of its customers. For online trademark registration in delhi NCR and for other services related to trademark consult delhi trademark registration online portal.
- Protects against unfair competition: In today’s world, there are lot of fraudulent activities where companies tend to copy and duplicate its competitor’s goods or service to earn profits. Registration helps a company to protect itself from such unfair use of goods or services by its competitors. At delhi trademark registration online we provide all services regarding to trademark such online trademark filing in delhi NCR, online TM Application in delhi NCR etc.
- Protects investment in advertisement and social media platform: advertisement is one form which helps the public to be informed about a particular product at the point it is important that the good or service are registered when companies resort to advertise their goods or services. This way no competitors can claim the goods or services advertised to be their own. One can consult for online trademark registration in delhi NCR at delhi trademark registration online portal.
- Trade mark registration online has a life span of 10 years and can be renewed: online trade mark registration in India is not only easy but is cheap also. The registration of such trade mark is valid for 10 years and it can be renewed again on its expiry. After the mark is registered there is no kind of fee to be paid during these 10 years. Know more about trademark registration online and about its life span through delhi trademark registration online portal.
- The registration makes hiring easier: A company is recognized through the goods or service that he offer to the people. When a company has goodwill, employees are motivated to work with such a company. It creates employment opportunity and the company has an access to wide application of employment. Get more benefits on trademark registration from delhi trademark registration online portal.
- Registration brings Ownership: Registering a trademark online helps a company or an individual own its “mark”. Owner can enjoy all the rights of ownership that came along with registration of a trademark online. Get your Online trademark registration in delhi NCR from delhi trademark registration online portal.
- Sale of registered trade mark in India: A registered trademark online becomes an asset for the owner and an owner can sell his/her trademark application online or offline to another only when it is registered .This cannot happen when it is unregistered. Get more information on sale of registered trademark only at delhi trademark registration online portal.
BENEFITS OF ONLINE TRADEMARK REGISTRATION IN DELHI NCR IN INDIA
- LEGAL PROTECTION: Legal Protection is the basic and the most important objective behind the registration, it gives you the right to own your registered trademark and prohibits anyone from using it without prior permission and if anyone uses, it gives the owner legal rights to sue and demand for the infringement. At delhi trademark registration online we deal with all kind of online trademark registration in delhi NCR.
- CREATION OF GOODWILL AND TRUST : As the brand name is legally registered it creates a positive image among customers which helps in creating permanent customers who are loyal and always opt for the same brand. Get your online trademark filing in delhi NCR now from delhi trademark registration online portal.
- TRADE MARK REGISTRATION CAN BE ENFORCED AGAINST COMPANY NAME: As per Companies Act, 2013, the name of the company cannot be similar or identical to the registered trademark. This provision can be used to block the names that the company intends to use for future. A company name cannot be similar or identical to that of a trademark. Therefore, once a trademark is registered, a company cannot be registered in the same name. Know about trade mark registration enforced on delhi trademark registration online portal.
- SET YOUR PRODUCTS APART: It makes easier for customer to find your product using mark besides the brand name or logo. Trademark makes your product and identity of products distinct from that of the existing and foreseen competitors acting as a efficient commercial tool to market the product. The logo will communicate your vision, quality or unique character to the third parties, needless to say working as self-marketing tool. Make your own identity by online trademark registration in delhi NCR from delhi trademark registration online portal.
- PROTECTS INVESTMENT IN ADVERTISING & BRANDING: Today’s competitive markets have made advertising and branding a must for any business. Spend on a range of advertising medium such as digital, newsprint, radio.TV, etc., to promote their brand among consumers. If a brand is not trademarked, the brand can be claimed by anyone. Therefore it is important to file a trademark application for the brand prior to the beginning of advertisement campaigns. Know about how to protect investments with the help of trade mark for this consult to delhi trademark registration online portal.
- DIFFERENTIATE PRODUCT: It makes easy to find a product. It makes the product and identity of product different from that of existing and foreseen competitors and acts as efficient commercial too. The logo can communicate your vision, quality, or unique character and any organisation. Give new identity to your product by doing online TM registration in delhi NCR from delhi trademark registration online.
- ATTRACT HUMAN RESOURCES: young minds aspire to join big brands as it acts as a magnate. It inspires the positive image of the organisation and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities
DOCUMENTS REQUIRED FOR TRADE MARK REGISTRATION IN INDIA THROUGH DELHI TRADEMARK REGISTRATION ONLINE PORTAL
The minimum documents and information which are required for filling a trademark application in India are as follows:
- The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner
- If the applicant is a company, the country or state of its incorporation
- A list of goods and/or services for which registration is required.
- Soft copy of the trade mark to be registered ‘
- If the mark contains or consist of non-English words, a translation of those words into English is required
- If the application is to claim priority from an earlier filed convention application, details of that application is also required(application number, filing date, country and goods/service). A certified priority document or its duly notarized copy is to be submitted. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of registration. A copy of the priority document can be submitted within 1 month from the filling date of the application
- Date of first use of trademark in India, if at all used
- Power of attorney simply signed by the application (no legalisation or notarisation is required). For Indian client, Power of attorney to be executed in 100rs. Stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost
Know about the most important documents for trademark registration by delhi trademark registration online portal are as follows:
Individual or an HUF : Identity proof and Business registration document
Company / LLP
- Shops establishment License;
- Certification of incorporation
- Address proof of the company
Partnership firm : The partnership deed
- Power of attorney
- Trademark information sheet
Society / trust
- Power of Attorney
- Trademark Information sheet
VARIOUS ADVANTAGES OF GETTING A TRADE MARK REGISTRATION CERTIFICATE IN INDIA FROM DELHI TRADEMARK REGISTRATION ONLINE PORTAL
A certified copy of registered trademark is an official document of registration by the Patent and Trademark Office. It can be used to demonstrate proof of ownership and registration. The official document also indicates current status and title of the registered mark. The certified document will contain a certification statement, a seal, and an authorized signature that certifies the document as official trademark office copy. A trademark registration certificate is the true, original document of registration as issued by the trademark office. Get a certified trade mark registration through delhi trademark registration online. The various advantages of having a trademark certificate are as follows,
- Provide proof of ownership and registration : trademark owners may encounter times when they have to prove that they own the mark, or that the mark has been officially registered for specific goods or service. In those cases the certificate can be shown as a proof to prove that they own the mark. Benefits of certified trademark registration through online trademark registration in Delhi NCR via delhi trademark registration online portal.
- Securing exclusivity: Registering a trademark is the quickest and most cost effective way to ensure legal exclusivity for the use of your name or logo etc., Registering a trademark for a business is similar as obtaining a certificate of title in relation to land
- Geographical coverage: Registering a trademark usually gives nationwide protection of rights that are restricted to the specific areas or regions in which we trade. Give geographical identity to your business by getting online TM registration in Delhi NCR through delhi trademark registration online portal.
- Deterring and preventing others: An advantage of trademark registration is that it will deter others from using your name as a whole or part of their brand or company name. If a business is offering something unique or new to market they must have the trademark certificate in order to deter copycats trying to sell their goods or service off the back of one’s invention. For this service visit delhi trademark registration online portal.
- Brand control and consistency: Trade mark registration is the key if one is considering to offer a franchise or licensed re seller aspect to his business. The brand is the most valuable asset-it signifies strength, who the company is and its identity in the marketplace
- Help from others to protect the brand: another advantage of business mark registration is that the top internet search engines, like Google and bing, regard trademark-registered names highly and for example, will restrict the use of trademark in words in ads. Registration of a mark also means that they can issue a notice for objecting the import of goods that are infringing their registered trademark
- Enhanced perceived value of service or goods: We live in a global marketplace with anything available from anywhere in the world at the click of a button. Buyers are becoming more savy and are more likely to seek recommendations from friends on facebook and to read Amazon reviews. An advantage of trademark registration is that it demonstrates a commitment to the brand and its goods or service.
- Confidence: Registering a trademark gives confidence that one will not receive any dreaded ‘cease and desist’ letters mentioned above.
- Increased monetary value: Registered Trademark can be sold and there is no doubt that if one is looking to sell his business, a trademark registration will prove very attractive to potential buyers and enhance the selling price.
- Make use of the symbol: use of the symbol sends a powerful message to potential copycats and customers alike.
- Controlling the use of brand by others
- Captures the value of what you create: holding a registered trademark significantly increases the value of one’s brand to potential purchasers and hence any purchaser of business is likely to pay much for the goodwill that they build.
- Foreign territories: A registered mark can be used as a basis to obtain registration in some foreign countries, facilitating protection of the brand worldwide as the business expands
- Use in proceedings: trademark registration is a prima facie evidence of validity of the registration and the rights conveyed by registration. In the legal proceedings relating to a registered trade mark the fact that a person is registered as the proprietor of the trade mark is evidence of the validity of the original registration of the trade mark, unless contrary is proved.
- Protection against Infringement: No competitior can use the Wordmark or logo registered by itd respected owner under trademark.However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.
FAQ’S ABOUT TRADE MARK REGISTRATION IN INDIA BY DELHI TRADEMARK REGISTRATION ONLINE
HOW TO SELECT A GOOD TRADEMARK ?
if it is a word it should be easy to speak, spell and remember. The best trademark are invented words or coined words or unique geometrical design. It is advisable to avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
What is the functions of a Trademark ?
under modern business condition a trademark performs four functions : it identifies the goods/ services and its origin, it guarantees it unchanged quality, it advertise the goods/service, it creates for the goods/ services.
Can a registered trademark be removed from the register?
It can be removed on the application to the register on prescribed form on the ground that the mark is wrongly remaining on the register.
Can any correction be made in the application or register?
the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this change are permissible according to rules detailed in the subordinate legislation
What does a register of a trademark contain?
The register of a trademark currently maintained in a electronic form, contains inter alia the trademark the class and goods/service in respect of which it is registered including particulars affecting the scope of registration of rights conferred ; the address of the proprietors; particulars of trade or other description of the proprietor;
Who can apply for trademark application in India?
An application for registration of a trademark in India may be made by any person claiming to be the owner of the mark for those goods and services for which he is using or intends to use the mark.
Whether foreign proprietors can apply for registration of trademark in India?
Yes, foreign proprietors can apply for registration of trademark in India. The Indian trademark law is TRIPS obedient and provides for protection of well known trademarks and recognises trans-border reputation
What is the worth of a trademark how can it be exploited economically?
A Trademark is an incorporeal asset and is also a guardian of the commercial goodwill of a business. Monetary gains can be enjoyed by licensing and assignment of the trademark
Is proof of use necessary for filling a trademark in India?
No, use of mark prior to registration is not mandatory in India. Trademarks that are proposed to be used can also be registered in India
Is it require to file a statement of use of the trademark at the time of filling an application?
Yes, a statement of use including whether the mark has been in use or is proposed to be used is required to be filed at the time of filing a trademark in India.
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