So, you decided to become Boss?
- Must Complete your Legal papers before starting any business.’
- Incorporate your company
- Apply Trademark registration of your Brand Name, Logo and tag line.
- Register primary/secondary domain
- Work smarter, not harder.
- Hire people to handle tasks you aren’t good at.
- Don’t be afraid of failing (because you will).
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
TM is used to indicate that the trademark is unregistered but this mark is used for promote goods. TM can be used even for trademarks for which registration is not applied to claim use over it.
R is used to represent a registered trademark/ servicemark that provides the applicant complete ownership and legal rights over the trademark/ servicemark.
- 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.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- 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.
- Devices, including fancy devices or symbols
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
he Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
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/
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
- For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
- Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
- Restoration of removed mark (Form TM-13) Fees: 5,000/-
- Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
- Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
- Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.
- There i additional Fees for processing the documents by Trademark Agent/Lawyer.
Trademark Registration takes only two-three days, in some cases it takes 2-6 months. After trademark there is a objection period of 8-24 Months in which any other organization or department can file objection against the application.