Trademark

A trademark, also known as a brand name, that represents a company’s products or services. It can be a word, a name, a picture, a label, a number, or a combination of colors. The purpose of a trademark is to help people easily identify and distinguish the company’s products or services from those of other companies.
The legal requirements to register a trademark under the Act are:
1. The chosen mark should be able to be represented visually on paper.
2. It should be capable of distinguishing the goods or services of one from those of others.
3. The mark must be used or intended to be used in connection with goods or services to indicate a connection in the course of trade between the goods or services and the person who has the right to use the mark, with or without identifying that person.

1. Unique: Choose a trademark that is unique and not commonly used in the market. Avoid selecting generic or descriptive terms that describe the product or service being offered.
2. Memorable: Select a trademark that is easy to spell, remember and pronounce. It should be catchy and simple enough for people to recall it easily.
3. Distinctive: The trademark should stand out and distinguish the product or service from others in the market. It should be recognizable and easily associated with the product or service being offered.
4. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
5. Future-proof: Choose a trademark that will remain relevant and effective in the long term. Avoid trendy or time-bound names that may become outdated over time.
6. Avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
7. Always conduct a market survey to check if same/similar mark is used in the market. Check if it is already registered by someone else in the market.

1. Under modern business condition a trademark performs four functions
2. It identifies the goods / or services and its origin.
3. It guarantees its unchanged quality
4. It advertises the goods/services
5. It creates an image for the goods/ services.

Fanciful marks are unique terms that have been created for the sole purpose of serving as a trademark, and they hold no meaning other than as a mark. They are typically made-up words or nonsense words that become associated with goods or services, and represent a valuable investment in branding. These marks are considered to be the strongest type of mark and are the easiest to obtain if seeking trademark registration. Examples of fanciful marks include GOOGLE, EXXON, and EBAY.

On the other hand, arbitrary marks are terms that hold a common meaning, but have no relationship to the goods or services being sold. These marks are also considered strong and are protectable under trademark law. Examples of arbitrary marks include APPLE (for computers), LOTUS (for software), and SUN (for computers).

1. Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
2. An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
3. Letters or numerals or any combination thereof.
4. The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
5. Devices, including fancy devices or symbols
6. Monograms
7. Combination of colors or even a single color in combination with a word or device
8. Shape of goods or their packaging
9. Marks constituting a 3- dimensional sign.
10. Sound marks when represented in conventional notation or described in words by being graphically represented.

Registering a trademark provides the owner with the exclusive right to use the trademark in connection with the goods or services for which it is registered. The owner can indicate this exclusive right by using the symbol (R) and can take legal action against any infringement of their trademark in the appropriate courts in the country. However, the exclusive right is subject to any conditions entered on the register, such as limitations on the geographic area of use. In cases where two or more persons have registered identical or nearly similar marks due to special circumstances, such as honest concurrent use, the exclusive right does not operate against each other.

1. For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
2. To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
3. For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
4. Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
5. Restoration of removed mark (Form TM-13) Fees: 5,000/-
6. Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
7. Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
8. Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

Trademark searches are the process of conducting an investigation to determine if a particular trademark is already in use or registered by another party for the same or similar goods or services. The scope of a trademark search can be broad or narrow, depending on the desired outcome. A comprehensive search will cover all possible avenues of trademark protection and consider marks that may be remotely similar to the mark being searched. The search strategy should take into account various factors, including the nature of the mark, the type of goods or services it covers, the timeline for bringing the mark to market, and the resources available to the applicant. Proper trademark searches are crucial to ensure that a proposed mark does not infringe on the rights of an existing trademark owner and can help avoid costly legal disputes in the future.

The process of trademark registration in Pune can be lengthy and involves multiple stages. To ensure that clients do not miss out on any important steps that could potentially impact the registration of their trademark, trademark watch services are available. These services involve closely monitoring each stage of the registration process, as well as any subsequent developments, and taking necessary actions to prevent any issues. By utilizing trademark watch services, clients can have peace of mind that their trademark registration in Pune is being handled efficiently and effectively.