Trademarks
Introduction
Trade Mark Registrations are carried out under the Trade Marks Act, 1999. A ‘Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead.
For the purpose of registration, a mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.
The marks devoid of any distinctive character, or which are only indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, which have already acquired distinction due to their popularity and consistent use. Internationally acclaimed brand names are freely available for use in India.
In order to widen the horizon of industrial activity, Trade Marks Protection is given for an industrial product by the Government so that the public can identify as to from whom the product is emanating. Such name or symbol which is adopted for identifying goods is called a Trade Mark.
Eg: Trade Mark of TNAU
It is a sign that individualizes the goods of given enterprise and distinguishes them from the goods of its competitors.
Registration of Trademarks
First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms, or three-dimensional features. The application must also contain a list of goods or services to which the sign would apply.
Trade Mark Registration can be done of :
a) any Brand, Heading, Label, Ticket, Name, Sign, Word, Numeral or any Combination of any of these.
b) any Slogan, Base Line, etc. which are used to describe any product better.
For Trade Marks Registry Contact the following Addresses
Trade Marks Registry |
Office of the Trade Marks Registry, Bhoudhik Sampada Bhavan, Near Antop Hill Head Post Office, S.M. Road, Antop Hill, Mumbai-400037, Email : tmrmum@bom5.vsnl.net.in |
Asstt.Regisrar of Trade Marks |
Trade Marks Registry, Intellectual Property Office Building,CP-2 Sector V, Salt Lake City, Kolkata 700091, Phone : 033-23675975, 23672848, 23677307,Fax : 033-23677311, Email : tmrcalbr@cal2.vsnl.net.in |
Joint Registrar of Trade Marks |
Trade Marks Registry, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi 110 0075, Phone : 011-28082915-16, Fax : 28082917, Email : tmrdel@vsnl.net.in |
Deputy Registrar of Trade Marks, |
Trade Marks Registry, Intellectual Property Office Building
IP Building, G.S.T. Road, Guindy, Chennai 600032, Direct. 044-22502041, Tele-Fax : 044-22502042 Email: tmrchennai@nic.in |
Registrar of Trade Mark |
Trade Marks Registry, National Chambers, 15/27, 1st floor, Ashram Road, Ahmedabad 380009, Phone: 079-26580567, 26587193, Fax :079-26586763, Email : tmrahm@ad1.vsnl.net |
FORMS AND FEES
For the forms look in http://ipindia.nic.in/tmr_new/default.htm
Eg: of trademarks
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