TRADE MARK REGISTRATION ATTORNEYS INDIA
Trademarks are words, names, symbols, brands, devices, headings, labels, signatures, letters or numerals or any combination thereof, used or proposed to be used by manufactures of goods to identify and to distinguish their goods from goods manufactured and sold by others.

A trademark popularly known as brand name, is an identification symbol which may be a word, a device, a label or logo etc. A trademark may be a word, letter a device or numeral or any combination thereof. It is better if it is simple in design. The ideal word for a trade mark is an invented word.

Words which are laudatory or which directly describes the character or quality of the goods should not be adopted. Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted.

It is not possible to register a trade mark which is confusable with a trademark of another trader who has been using the trade mark earlier for the same goods or a trade mark which describes the character or quality of the goods which other traders may reasonably want to use in the course of their business. The mark should not conflict with a trade mark already registered or pending registration in respect of similar goods. Also some marks are prohibited from registration under the directions of the Government

After following the above procedure an application for trademark may be made on form TM-1 with prescribed fee at the appropriate office of the Trade Marks Registry. The appropriate office means the office within whose territorial limits.

Procedure to be followed before applying for registration

Before applying for registration it is desirable to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar by making a request on form TM-55.

A request can be made on form TM-54 with a prescribed fee to the Trade Marks Registry to obtain an official report to ascertain whether any identical or deceptively similar trade mark exists on the Register or pending for registration for the same goods or a personal inspection or search through the records of the Trade Marks Registry on may be done.

An application in the prescribed form with govt. fee in one of the five office of the Trade Marks Registry located at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad depending on the place where the applicant resides or has his principle place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trade marks and examination report issued. If it is found to be acceptable then it is accepted and advertised in the Trade Marks Journal to allow others to oppose the registration. If there is no opposition or if the opposition is decided in favour of the applicant then the mark is registered and a certificate of registration is issued.


Rights conferred by registration

The registration of a trademark confers on the registered proprietor of the trade mark the exclusive right to use the trade mark in relation to the goods in respect of which the trad mark is registered and to obtain the relief in respect of infringement of the trade mark by others. The registration of a trade mark is not compulsory. However, without registration a owner of a trad mark cannot bring an action for infringement to protect the mark if it is copied by others. Suing for infringement of a trade mark is much simpler than launching a common law action for passing off to protect any unregistered trade mark.

We are the leading intellectual property right law firm in India. With over 15 years experience serving clients in all sector of the economy, national and international. We are based at NEW DELHI with representative offices in COCHIN, MUMBAI (BOMBAY), KOLKATA (CALCUTTA) & CHENNAI (MADRAS).

We are providing expert international consultancy and professional services in the fields of patents, trade marks, service marks, copy rights, industrial designs, and geographical indications.

The firm has associate World-Wide and is maintaining an exclusive portfolio of National and International clients to whom it provides comprehensive counseling in all matters concerning the I.P.R. in India as well as in other countries in the world. The firm has as its members Patent and Trade Mark Attorneys, Patent and Trade Mark Agents, Patent and Trade Mark Consultants, Patent and Trade Mark Lawyers and Legal Practitioners who are able to handle legal, I.P.R. matters in all technical disciplines. We have an experienced team of technical assistance, legal assistance and Para legal staff support.

We provide prosecution, litigation and consultation services relating to patents, trade marks, service marks, copyrights, industrial designs, and geographical indications

OUR SERVICES
1. Filing application for TM registration in India and all over the world
2. Infringement advice and litigation:-
Opposition, rectifications, criminal and civil suits for infringement and Passing off.
3. TM assignments, creation of TM and protection

NAIRS WORLD WIDE IPR SERVICES


FILING REQUIREMENTS FOR TRADE MARKS IN INDIA
(To be sent to us for filing of application)


Name of the Applicant   
Age   
S/o.  
Residing at   
Postal Address   
PIN/ZIP   
Ph.Nos, Office, Residence Mobile  
E-mail   
District  
State   
Nationality   
Business details  
Company/Partnership Proprietor
:
Name and Other Details  :
Specification of goods or
services for which the mark
is to be registered
:
Class 
Date of first use of the mark
in India or whether the mark is
proposed to be used 
:
Trade Mark Search is
required or not?
:
Representation of the mark to be registered, we will require at least 20 prints of the mark.
A Power of Attorney duly signed by the applicant



Home | Patent Registration | Trade mark Registration | Copyright Registration | Design Registration | Domain Trademark |
Geographical Indication | FAQ | World Wide  I.P.R. Information | World Wide I.P. Attorneys List | I.P.R. Awareness Forum India
| Arbitration and Mediation, Web Sites | List Your I.P. Law Firm | Feed Back | Site Map