I P Attorneys and Consultants

Trade Mark

Why is trademark registration important?
i. A Trademark is a sign of serious commercial intent and protects/increases the goodwill of the owner's business. It is seen as an evidence of ownership
ii. A trademark gives the owner legal recourse against illicit use

What are registerable trademarks?
Generally, the following can be registered as trademarks.
i. Invented words - one or more
ii. A word, or combination of words, a logo, device, symbol, phrase, design, or a combination of any of these which do not directly allude to the character or quality of the goods or services
iii. Words without geographical significance and words which don't connote a personal name, surname or common abbreviation
iv. A trademark which has acquired distinctiveness through use over a fairly long period of time.

What are non-registerable trademarks?
i. Marks resembling existing, established trademarks, which are intended to be used in the same line of products/services.
ii. Confusing/deceptive marks.
iii. Unlawful marks.
iv. Scandalous/obscene/religiously inflammatory marks.

Who may register a trademark?
Trademark applications are filed in the name of the owner of the said mark, who can be.
i. An individual, partnership, body corporate, society, trust or any other body, which uses or controls the use of the mark, and which determines the nature and quality of the goods/services for which the trademark is to be used.
ii. Trademarks are granted not only to Indian citizens; applicants of any nationality can apply.

The use of the TM and the R symbols
The TM symbol is an alert to the users/public that the mark bearing this symbol is being used in commerce, and/or that an application for registration of the mark is pending at the Trademarks Registry.

The R symbol, however can only be used against marks which have already been registered by the Registry. The use of this symbol on a mark which is unregistered constitutes a criminal offence.

Is an Indian trademark valid abroad?
No. The owner of the trademark has rights only in the country which has granted it. However, some countries (especially those which do not have Trademark laws, like Nepal) recognize an Indian trademark registration as the basis for registering that particular mark in its territory.