ABOUT TRADE MARK
1) Procedure to obtain a trademark: An applicant who wishes to register a Trade Mark needs to make an application. The application will be allotted a Number. Thereafter the application is examined and an examination report will be dispatched to the applicant.
During examination if the application is accepted, then the same is published in the Trade Mark journal and it will await opposition from public. If there is no opposition the application will be accepted and Trade Mark will be registered in the name of the applicant. If there is opposition to the journal publication, the hearing officers will conduct a hearing and they will look into the evidence produced by the applicant and the opponent. If the application is allowed then the Trade Mark will be registered in favor of the applicant. However if opposition is allowed and the application is refused the applicant either go for a review, before the hearing officer of file an appeal before the Intellectual Property Appellate tribunal.
After the initial examination if the registrar objects the application, then he can call for the hearing of the party and based on the outcome of the hearing it can be accepted or refused. If accepted the same will be sent for journal publication and if refused the applicant can approach the Intellectual Property Appellate tribunal.
2) General Facts about Trade Marks:
a) The head office of Trade Marks registry is at Mumbai. The branch offices are at Delhi, Kolkota, Ahmedabad and Chennai.
b) At present the Trade Marks can be registered for services in addition to goods. Further collective marks owned by the association of persons can also be registered.
c) The legal requirements to register the Trade Marks under the Trade Marks Act 1999 are:
i) The mark should be capable of representing graphically.
ii) It should be capable of distinguishing the goods/services of one undertaking from those of others.
d) Trade Marks are not given on a geographical name.
e) The Trade Mark Act 1999 classifies goods and services according to the International Classification of Goods and Services; the same is produced in Schedule 4 of the Act.
3) Benefits of Registering the Trade Marks:
a) The registered owner has the exclusive right to the use of the registered Trade Mark indicated by the symbol (R)
b) He is entitled to seek relief of Infringement in case anybody infringes his trade mark.