- I. In relation to chapter x (other than section 81), a registered trade mark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as a proprietor to use the mark; and
- In relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as a proprietor or as a registered user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provision of chapter viii.
Includes a device, brand, heading, label, ticket name, signature, word, letter or numeral or any combination thereof.
Requirements For Registration Of Trade Marks
A trade mark shall not be registered in part a of the register. Unless it contains or consists of at least one of the following essential particulars, namely
- The name of the company, individual or firm represented in a special or a particular manner;
- The signature of the applicant for registration or some predecessor in his business;
- One or more invented words
- One or more words having no direct reference to the character or quality of the goods and not being, according to its ordinary significations, a geographical name or a surname or a personal name or any common abbreviation thereof or name of the sect, caste or tribe in India
- Any other distinctive mark.
A name, signature or word, other than such as fall within the descriptions in clauses a, b, c, and d of sub-section(1) shall not be registrable in part a of the register expect upon evidence of its distinctiveness.
A trade mark shall not be registered in part b of the register unless the trade mark in relation to goods in respect of which it is proposed to be registered is distinctive, or is not distinctive but is capable of distinguishing goods with which the proprietor of a trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in relation to use within the extent of the registration.
In determining whether a trade mark is distinctive or is capable of distinguishing as aforesaid, the tribunal may have regard to the extent to which-
- A trade mark is inherently distinctive or is inherently capable of distinguishing as aforesaid; and
- By reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish or is in fact capable of distinguishing as aforesaid.
Where an application is made for the registration of trade marks which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to date of application, the registrar may, require a consent in writing from the living person or of a legal representative of the deceased person to further proceed with the application for registration.
Prohibition Of Registration Of Certain Marks
- The use of which could be likely to deceive or cause confusion; or
- The use of which could be contrary to any law for the time being in force; or
- . Which comprises or contains any scandalous or obscene matter; or
- Which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
- Which could otherwise be disentitled to protection in a court shall not be registered as a trade mark
No trade mark will be registered in respect of any goods or description of goods which is identical to a trade mark already registered in the name of a different proprietor in respect of same goods or description of same goods.
No word which is commonly used and accepted name of a single chemical element or single chemical compound (as distinguished from a mixture) shall be registered as a trade mark in respect of chemical substance or preparation and any such registration shall, not with standing anything in section 32, be deemed for the purposes of section 56 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require
The Requirements For Filing The Trade / Service Mark Application In India
- There are 42 different classes distinguishing the goods / services.
- The application shall not be made in respect of goods / services comprised in more than one prescribed class of goods.
- Separate application is to be made for the same mark if the goods represent different classes.
Procedure Of Registration
- Full name, address & nationality of applicants
- Description of trade mark, two prints if the trade / service mark is in label form
- List of all items / goods/ services to which the trade / service mark is applied or proposed to be applied for
- Date since used, if the trade / service mark is already being used in India
- List of countries with date, where the trade / service mark has already been applied for, if any
- Power of attorney
Term Of Trade Mark
- The application is examined by the trade mark office and objections if any are raised
- After clearing the objections, if any, the mark is advertised
- The registration certificate is issued, if there is no opposition by the third party within 3 months extendable to 1 month of advertisement
- In case of opposition registration certificate is issued when the opposition is dismissed
as long as it renewed as per law
The trade mark once registered has to be renewed after every 10 years.
Trademark Registration Services
The requirements for filing the design application in India
Designs Which Are Not Registered
- Full name, address and nationality of applicant / applicants
- Photographs / drawings of article showing different poses from all angles, six copies of each pose
- List of countries to claim priority. If any, where the application / applications for design has /havebeen filed, along with date and application number
- Power of attorney
A design which
Shall Not Be Registered
- Is not new or original; or
- Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
- Is not significantly distinguishable from known designs or combinations of known designs; or
- Comprises or contains scandalous or obscene matter.
- Procedure for the grant of design
- The application is examined by the design office and objections, if any, are raised thereto.
- The certificate is issued by the design office after the objections, if any, are removed to thesatisfaction of the department.
- The design is renewed after ten years from the date of application
- 15 years