Trademark Registration in Delhi

A Trademark must be distinctive and capable of distinguishing your goods or services from others, it can be  Letters words, names, signatures, labels, devices, tickets, shapes, colours, or any combination of these elements.

Marks that are descriptive (e.g. super, best, cheap, one dozen), Marks that are common to your trade (ones that have become well accepted in relation to your trade and do not distinguish the goods or service you are offering), Marks that could offend or promote immoral behaviour, Deceptive marks (ones that could misrepresent the nature, quality or geographical origin of the goods or services), Marks that are identical to earlier marks, Marks that could cause confusion (similar or identical to an earlier mark and in relation to similar or identical goods or services provided by the owners of the earlier mark), Marks that are identical or similar to Well Known Marks.

The trademark owner can be an individual either individually or jointly with others, business organization, or any legal entity.

A trademark may be located on a package, a label, a voucher, or on the product itself. For the  corporate identity, trademarks are often displayed on company buildings.

Singapore uses the International Classification of Goods and Services, under the Nice Agreement, to classify trade mark registrations. This classification sets out 34 different classes of goods and 11 classes of services that a person can register in relation to a mark. Therefore, there are total 45 classes 1-34 for goods and 35-45 for Services. For detailed list of goods and services classified in various classes click here.

Yes, trademark is like an intellectual property (IP) which can be assigned or licensed to any one in consideration of lump sum payment or rentals. For this purpose specific permission is to be obtained from Registrar of Trademark by filing prescribed form.

™ (the “trademark symbol”, which is the letters “TM” in superscript, for an unregistered trademark, a mark used to promote or brand goods)

℠ (which is the letters “SM” in superscript, for an unregistered service mark, a mark used to promote or brand services)

® (the letter “R” surrounded by a circle, for a registered trademark)

The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still, common law trademarks offer the holder in general less legal protection than registered trademarks.

Trademark is indefinitely valid, however it is to be renewed every 10 years, after filing the prescribed form and making payment.

The different stages in making application for Trademark Registration is as under:-

• Public Search:- This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class.
• Create Trademark Application:- After ascertaining the desired trademark availability next step is to file an application with Registrar of Trademark online through an Agent, Attorney or Self. After filing an application you can start using TM symbol on the mark for which application is filed.
• After filing Process:- After filing the application the registration process passes through various stages like send to viena codification, formality check pass, Advertisement in journal etc. If the registrar is having any objection regarding your application for trademark or someone has filed an objection against your trademark application, reply is to be filed with the registrar within the given timelines. After removal of objection, the mark is again advertised and finally if everything is found in order registration is granted and you can use the ® symbol.

• Distinguished or Exclusive Mark

Trade mark registration provides its owner the exclusive right to use the mark in respect of the goods or services covered by it i.e. classes for which registration obtained. The most important reason for registration of a trade mark is the legal action against its unauthorised use. A trade mark registration allows the proprietor to sue for infringement and to obtain remedies such as interdict, delivery up infringing articles and damages.

• Intangible Property

Trade Mark Registration creates an identifiable intangible property. Trade Mark registration attaches the Reputation to the products and services offered by the owner and also creates goodwill of the business. Trade Mark registration establish the independent existence whereas an unregistered trade mark will never have a separate and independent existence. It will always form part of the goodwill and it will always be attached to the business. The only way in which to acquire a common law trade mark i.e. unregistered trademark, is to acquire the business as a going concern. Trade mark registration, by contrast, can be transferred like any other asset owned by a person or a company.

• Licensing or leasing

A registered trade mark can be licensed or leased. A trade mark licence can be recorded on the trade mark register, giving the licensee rights to institute legal proceedings in the event of infringement.

• Transferability or Assignment

A registered trade mark can be transferred. The same is not possible for an unregistered trade mark, which can only be transferred with the business as a going concern.

• Prevention

Trademark registration prevent other traders from using trademarks that are similar or identical to your registered trademark in relation to goods and services like you deal in. By using the ® symbol, owner put others on notice of his rights. Moreover, a registered mark can be found when others search the official register before choosing to commence using a particular name.

• Legal Protection

A trade mark registration is prima facie evidence of validity of the registration and the rights conveyed by registration. In legal proceedings relating to a registered trade marks 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 the contrary is proved. It provide legal protection against the use of same or similar mark by others.

• Registration of Mark in Foreign Jurisdictions

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.