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Trademark Services :: Trademark |
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A Trademark is a visual symbol in the form
of a word, a name, a device, a symbol, or a label which
identifies a merchant's or manufacturer's goods or
services, and distinguishes them from others.
The Trade Marks Act, 1999 was enforced on
September 15, 2003 and now governs the Trademark
Law in India. The old Trade & Merchandise Marks Act,
1958 was amended and the new Trade Marks Act, 1999 was
implemented to provide for registration of service marks
and to introduce various other provisions in conformity
with the Trade Mark Law in developed countries.
The biggest achievement of the Indian Trademark
Office has been to reduce the time frame for
Registration of a trademark. The time frame for
Registration of Trade Marks has been reduced
significantly to about 10 to 14 months,
assuming a smooth registration.
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Salient
Features Of Indian Trademark Law
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REGISTRATION
A Trademark shall be registered, as
of the date of making the application for registration
of that trademark.
RIGHTS
- Registration of a trade mark
confers the following rights on the registered
proprietor:-
- The exclusive right to use the trade
mark in relation to the goods or services in respect of
which the mark is registered.
- The right to obtain
relief in respect of infringement of the trade
mark.
CLASSES
At present, all the goods or services
are divided into 34 classes for the purpose of
registration.
DURATION AND RENEWAL
Registration is valid for a period of
10 years and may be renewed thereafter from time to
time.
ASSIGNMENT
A Trademark is assignable and
transmissible, whether with or without the goodwill of
the business concerned and in respect of any or all the
goods or services in respect of which it is
registered.
REGISTERED
USER
A person may be registered as a
registered user of a trademark, by making an application
to the Registrar jointly with the registered proprietor
of the trademark.
NEW
TRADE MARK LAW IN INDIA
The new
Trademark Act has been passed by the Government of India
and has come into effect from September 15,
2003.
To comply with its WTO obligations,
India has introduced several reforms by way of
amendments to its existing Trademark Law. The new
Trademark Law also incorporates some provisions, not
existing in the old Act.
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SALIENT FEATURES OF NEW TRADE MARK LAW
IN INDIA.......... |
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- Introduction of provision for registration of
service marks.
- Amplification of definition of trade mark to
include registration of a shape of goods, packaging
and combination of colors.
- All 42 international classification of goods
and services (as earlier used) now applicable to India
as well.
- Recognition of the concept of "WELL - KNOWN
trademarks".
- Creation of an "Intellectual property Appellate
Board" for hearing appeals against orders and
decisions of the Registrar of Trade Marks for speedy
disposal of cases.
- Increase in period of Renewal and Registration
of Trade Mark from 7 to 10 years, to make it in
conformity with the accepted international practice.
- Widening the scope of infringement of trade
mark. For instance, use of a registered trade mark as
trade name or as a part of a trade name or use of a
mark which is identical or deceptively similar to a
registered trade mark.
- Criminal remedies in case of falsification of
trade marks.
- Recognition of use of trademark by even an
unregistered licensee.
- Expeditious Examination of a Trademark
application on payment on five times the application
Fee.
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Filing
Requirements.......... |
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- Name, Address and Nationality of the applicant(s)
- Description of goods and/or services
- International class or classes (if known)
- Date of first use of the mark in India, if any or
statement that the mark is proposed to be used in
India
- Trademark/ Label/Logo
- Power of Attorney (may be filed later; no late
Fee)
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Our
Services.................... |
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PRE - REGISTRATION
- Consultation
- Search
- Filing and prosecution of applications
- Oppositions
- Suitable responses to official actions
POST - REGISTRATION
- Renewals
- Infringement Suits
- Cancellation/Rectification petitions
- Trademark Licenses and user Agreements
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