The document summarizes key aspects of registering a trademark in India, including:
1) The registration process involves filing an application, undergoing examination, responding to any objections, publication for opposition, and if cleared, issuance of a certificate of registration.
2) A trademark must be distinctive, non-descriptive, and not deceptively similar to existing marks to qualify for registration.
3) The classification system organizes goods and services into classes to facilitate searching and application. Registrants must specify the proper classes for their marks.
These slides describes the various aspects of trademark such as registration ,opposition , duration etc.
A trade mark (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 colors 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.
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
These slides describes the various aspects of trademark such as registration ,opposition , duration etc.
A trade mark (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 colors 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.
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
Trademarks act - Legal Environment of Business - Business Law - Commercial La...manumelwin
For the protection of the interest of the trader and consumer, some definite symbol which marks out the origin of goods is to be attached with the goods. Such symbol is called a trademark.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Trademarks act - Legal Environment of Business - Business Law - Commercial La...manumelwin
For the protection of the interest of the trader and consumer, some definite symbol which marks out the origin of goods is to be attached with the goods. Such symbol is called a trademark.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
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A Trademark is any mark, word, name, symbol, design or device or
any combination used by a person:
To identify and distinguish the goods of such a person, including a unique product, from those manufactured or sold by others.
To indicate the source of the goods, even if that source is
unknown.
A trademark which is otherwise cited as “mark” can be explained as a unique indicator, symbol, graphic design, word, emblem, color combination, the shape of packaging or signature, which has a legal recognition that distinguishes a product or service from its competitors. A trademark can be used either by an individual, firm or business entity. Even smell and sound can be trademarked in some cases.
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Discover new creativity and new design make sure to reserve it for yourself only, a trademark is one kind of mark or sign that is utilized to represent a business products or services. Here is the complete information about Intellectual Property Rights (IPR) such as Trademark Registration Rectification, Opposition, Objection, Renewal, Copy Right Registration, Design Registration, Patent Registration, and Provisional Patent Registration.
The procedure for registering a trademark in India (2).pdfAksh IP Associates
Trademark registration is an important process for any business or individual looking to protect their brand identity. In Noida, the process of trademark registration is overseen by the Registrar of Trademarks. The first step in the process is to conduct a trademark search to ensure that your desired trademark is not already registered or in use by another party. Once you have confirmed that your trademark is available, you can begin the application process.
The post shows definition of trademark and patent; the important of trademark and patent and how business register trademark and patent are also discussed on the post.
The post includes:
What is trademark?
Benefits of registering
Requirements for filling a trademark application
The application process
Patent registration
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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2. Key Areas
KEYAREAS
Introduction
Qualities of Good Trade Mark
Registration Process
Class Search
2
KEYAREAS
Public Search
TM Applications and it’s fee
Examination Report and Responses
Acceptance and Advertising
Certificate of Trade Marks
3. INTRODUCTION
A trademark is a visual symbol which may be
a word - Har Din Fashion Karo
name - Athreya
Device -Device -
Label -
Numerals -
combination of color -
4. Easy to pronounce, spell, remember.
Should be distinctive and should not have deceptive similarity.
Should not be descriptive.
QUALITIES OF A GOOD TRADEMARK
4
Should not be descriptive.
Laudatory words such as best , perfect etc., to be avoided.
5. Definitions
Trademark
•Trademark is a distinctive sign or indicator used by an individual or an
organization and is applied to the articles of commerce so as to identify the
products of one trader from those of another. Simply, a trademark is a warden of
trader.
•A collective trademark or collective mark is trademark owned by an
organization (such as an association), whose members use it to identify
Collective
Mark
organization (such as an association), whose members use it to identify
themselves with a level of quality or accuracy, geographical origins, or other
characteristics set by the organization. Example “CS” device used by the
Institute of Company Secretaries of India .
Service Mark
•A Service mark is same as a trademark except that it identifies and
distinguishes the source of a service rather than a product
6. HOW IS A TRADEMARK DESIGNATED IN INDIA ?
TM
- For an unregistered trademark, - For a registered trademark.
A trademark is designated by the following
-
that is, a mark used to promote
or brand goods.
7. Registration Process
Application in TM-1 Form
Issue of Examination
Report
Accepted Objections raised
Publication in Journal
for public opposition
If no objections,
Accepted
Issuance of
Certificate of
Registration
Reply to ER
Hearing date will be
fixed
Accepted
Refused/Withdrawn/
Abandoned
8. INFORMATION REQUIRED FOR REGISTRATION OF TRADE
MARK/SERVICE MARK IN INDIA
1. Name of the Company (Applicant)
2. Constitution of the Applicant
(Individual/ Sole Proprietorship/
Partnership / Society / Limited
Company/ Trust )
3. Name(s) of Proprietor/Partners/
6. Nationality of the Applicant
7. Mention the Trade Mark to be
registered
8. Mention Goods / Services in respect
of which the Trade Mark is to be
registered
Managing Director
4. Address
5. Name of the Contact Person With
Designation
/Telephone/Mobile/Fax/Email
9. Date of first use of the Mark by you
in India, if any
10. Previous owners and other
particulars, if any
9. CLASS SEARCH
THE FOURTH SCHEDULE TO TRADE
MARKS RULES, 2002
NICE CLASSIFICATION OF
TRADEMARK
1. Brief Classification of Goods and
Services
1. Lengthy Classification of Goods and
Services
2. Goods - Class 01 to Class 34
Services - Class 35 to Class 45
2. List of Good & Services in Class Order
List of Good & Services in Alphabetical
Order
9
3. Under Trade Marks Rules 2002 _ Only
India
3. Under World Intellectual Property
Organization (WIPO)- 83 Countries
15. TM APPLICATIONS - FIRST SCHEDULE OF TRADE MARK RULE
Sl.N
O
Particulars Statutory
Fee
Corresponding
Form Number
1. Application to register a
trade mark for a
specification of goods or
services included in one class
[Section 18(1)]
4000 TM-1
2. On a single application 4000 – per TM-512. On a single application
under section 18(2) for the
registration of a trade mark
for different classes of goods
or services.
4000 – per
class
TM-51
3. Form of Authorization of
Agent in a matter or
proceeding under the Act
[Sec 145 and rule 21
NA TM-48
16. Sl.NO Particulars Statutory
Fee
Corresponding Form
Number
4 Correction of a clerical error or for
amendment under section 18(4), 22
and 58
500 TM-16
5. On request for a duplicate or
further copy of certificate rule
500 TM-59
further copy of certificate rule
62(3)
6 For renewal under section 25 of
the registration of a trade mark at
the expiration of the last
registration
5000 TM-12
7. On a request under rule 40(1) to
state grounds of decision
10000 TM-15
17. EXAMINATION REPORT AND THEIR REPLIES
The objections
When a trademark application is received by an examiner, it has to be
verified whether the application can be allowed to be registered. In
general, examiners would look into the following aspects
Information and Format – They will check if the application has beenInformation and Format – They will check if the application has been
filed in the correct form, whether all the relevant details are included and
the specification of goods/services mentioned fall under the appropriate
class.
Absolute Grounds – The next aspect examiners look into, is to see
whether the trademark is distinct and it does not describe the goods.
Example
If a baker got the trademark “bakery” or “baker” registered, no other baker
would be able to operate.)
18. Once the Application has been made to the trade mark authorities, the
applicant must wait for a minimum period of 6-8 months to get the
Examination Report from the trade mark office.
Response to Examination ReportResponse to Examination Report
If the examiner has any objection as mentioned above, an Examination
report will be uploaded in the website of the trademark registry specifying
the grounds for objection.
The trademark applicant or the attorney of the applicant has to file a
response to the objections raised in the examination report within 30 days
from the date of ER. While there is no fixed format or requirement to be
complied with, there are certain factors that need to be kept in mind while
drafting and filing a reply.
19. Hearing
After the filing of Response to Examination Report, a show cause notice for
hearing will be sent to the applicant or Authorized person to appear for hearing.
Acceptance and Advertising in the TM Journal
After hearing, if our logo or mark is allowed by the trade mark authorities then
“Acceptance of Trade mark” will be published in Trade Mark Journal and the
Hearing/Acceptance/Certificate of Registration
“Acceptance of Trade mark” will be published in Trade Mark Journal and the
trade mark authorities will wait for 30 days from the date of publication to note
if any public opposition is raised.
Certificate of Registration of Trademark
If no objection is filed, or if the objection is dismissed by the Registrar, he shall
enter the trademark in the register and a Registration Certificate shall be
issued.
20. Note:
If, a trademark is rejected, then the decision of the Trademark Registry is
appealable to the Intellectual Property Appellate Board.
A Trademark is valid for ten years,
It shall be renewed after the expiry of the time period on payment of requisite fees.