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Concept Paper on Trademarks
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Concept Paper on Trademarks

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    Concept Paper on Trademarks Concept Paper on Trademarks Presentation Transcript

    • CONCEPT PAPER ON TRADEMARKS
    • What is a Trademark? A Trademark is the means by which a business makes itself visible in the marketplace. It also provide their owners with the legal right to prevent others from using a confusingly similar mark. Trade mark must be:  distinctive for the goods/services for which registration is sought, and not deceptive, or contrary to law or morality, and not identical or similar to any earlier marks for the same or similar goods/services. A Trademark is the means by which a business makes itself visible in the marketplace. It also provide their owners with the legal right to prevent others from using a confusingly similar mark. Trade mark must be:  distinctive for the goods/services for which registration is sought, and not deceptive, or contrary to law or morality, and not identical or similar to any earlier marks for the same or similar goods/services.
    • difference between Trademark Logo and Trademark name • A logo is a graphic mark or emblem commonly used by commercial enterprises, organizations and even individuals to aid and promote instant public recognition. Logos are either purely graphic (symbols/icons) or are composed of the name of the organization. & • A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. • A logo is a graphic mark or emblem commonly used by commercial enterprises, organizations and even individuals to aid and promote instant public recognition. Logos are either purely graphic (symbols/icons) or are composed of the name of the organization. & • A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
    • Is Indian Trademark registration valid outside India ? No, An Indian trademark is valid only in India.  Application made in India can be used for trademark registration in other countries.  Trademark registered in India cannot get protection in foreign countries.  A separate application has to be filed in each of the countries where the business is intended to be run.  Convention priority can be claimed if the foreign application is filed within six months from applying for Indian registration. No, An Indian trademark is valid only in India.  Application made in India can be used for trademark registration in other countries.  Trademark registered in India cannot get protection in foreign countries.  A separate application has to be filed in each of the countries where the business is intended to be run.  Convention priority can be claimed if the foreign application is filed within six months from applying for Indian registration.
    • Process of registration of a trademark to the Indian Trademark Registry  An application for trademark may be made on Form TM-1 with prescribed fee of Rs. 3500/- at one of the five offices given below : – Intellectual Property Office : Building, Dwarka, Plot No. 32, Sector 14, New Delhi-110075 – Intellectual Property Office Building : Boudhik Sampada Bhawan, S. M. Road, Antop Hill, Mumbai - 400 037 – Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091 – Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032 – 15/27, National Chambers, 1st Floor, Ashram Road, Ahmedabad- 380009  An application for trademark may be made on Form TM-1 with prescribed fee of Rs. 3500/- at one of the five offices given below : – Intellectual Property Office : Building, Dwarka, Plot No. 32, Sector 14, New Delhi-110075 – Intellectual Property Office Building : Boudhik Sampada Bhawan, S. M. Road, Antop Hill, Mumbai - 400 037 – Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091 – Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032 – 15/27, National Chambers, 1st Floor, Ashram Road, Ahmedabad- 380009
    • How to make a trademark application ? • An application for a trademark can be made on Form TM-1 with the prescribed fee of Rs 3,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where the main place of business is situated. • You will need to do a pre-filing search before filing your Trademark. • Once you register your trademark, you will be issued an official receipt with a TM number. • Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview. • Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued. • An application for a trademark can be made on Form TM-1 with the prescribed fee of Rs 3,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where the main place of business is situated. • You will need to do a pre-filing search before filing your Trademark. • Once you register your trademark, you will be issued an official receipt with a TM number. • Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview. • Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.
    • Duration of trademark • The term of registration of a trademark is 10 years. • This may be renewed for a further period of 10 years on payment of the renewal fees. • The term of registration of a trademark is 10 years. • This may be renewed for a further period of 10 years on payment of the renewal fees.
    • E-filing of application For trademark registration E-filing of a trademark application is a new service provided by the trademark registry office on its website i.e. https://ipindiaservices.gov.in/trademarkefiling /user/frmlogin.aspx With it, you can: - Complete an electronic application form. - Provide the associated attachments. - Complete necessary payment details. E-filing of a trademark application is a new service provided by the trademark registry office on its website i.e. https://ipindiaservices.gov.in/trademarkefiling /user/frmlogin.aspx With it, you can: - Complete an electronic application form. - Provide the associated attachments. - Complete necessary payment details.
    • Benefit of e-Filing You will immediately: • Receive a trade mark application number • Online verification to assure error-free filing and obtain your filing date • Speed up the registration process • Print the completed application data and receive fee acknowledgement • Save the data locally in your PC • Be able to recall your contact details for subsequent applications • You can also view online history and status of the applications filed by clicking "Status of Filed Application" and the online status of e- Payments. • Using the "" symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol in India. You will immediately: • Receive a trade mark application number • Online verification to assure error-free filing and obtain your filing date • Speed up the registration process • Print the completed application data and receive fee acknowledgement • Save the data locally in your PC • Be able to recall your contact details for subsequent applications • You can also view online history and status of the applications filed by clicking "Status of Filed Application" and the online status of e- Payments. • Using the "" symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol in India.
    • What PROGLOBAL CORP Provides • Trademark Search and Analysis • Trademark Filing, Trademark Prosecution and Trademark Registration • Trademark Portfolio Management and Maintenance • Trademark Opposition • Trademark Risk Analysis • Trademark Agreement drafting • Trademark Analysis Reports • Trademark Search and Analysis • Trademark Filing, Trademark Prosecution and Trademark Registration • Trademark Portfolio Management and Maintenance • Trademark Opposition • Trademark Risk Analysis • Trademark Agreement drafting • Trademark Analysis Reports
    • THANK YOU