This document defines what a trademark is and explains the importance and advantages of trademark registration. It states that a trademark is a distinctive sign that identifies certain goods or services from different sources. While registration is not legally required, it provides protections against infringement and helps establish ownership of the mark. The document outlines the registration process and requirements in India, including submitting an application to the Registrar of Trademarks along with the required forms and fees. It also describes what constitutes trademark infringement and the protections registration provides against such unauthorized use of a mark.

2. So what is a Trademark ?
 It’s a distinctive mark / design
 It’s a symbol
 It’s a word
 It’s a sound
 It’s a colour
 It’s a slogan
 It’s a combination of any of the above
 Which will help the common people to
distinguish the products and services of
one company from another company .

3. Examples of a Trademark

4. Importance of a Trademark
 Its an effective communication tool
 Its an valuable asset
 It helps the consumers to identify the
company easily

5. Is Registration of Trademark
necessary ?
No

6. What are the Advantages of
Registration of Trademark ?
 It protects the commercial goodwill of
the trader or a company .
 It helps to find out the origin of the
particular goods or services
 Prevent others from using the similar
mark
 Protection in infringement claims

7. If Trademark should be
registered what are the
requirements that has to be
looked into ? Its shall be distinctive
 It shall not be any symbols or a word which
is prohibited by emblems act 1950
 Its should not contain any scandalous or
absence matter
 It shall not any sort of religious sentiments
of any class or section of the citizens of
India
 It shall not create confusion in the minds of
the people .

8. Registrar of trademark
 Headed by ministry of commerce and industry
 its head office is located at Mumbai
 and it is further divided into branch offices which are
located at Kolkata, Chennai, Delhi and Ahmadabad.
 The Controller General for Trademarks, Patents, and
Designs is same, who is appointed by the central
government by issue of notification in the official
gazette .
 it is established in the year 1940.
 It regulates the Trademarks Act of 1999.
 Main objective of it is to provide better protection
trademarks from fraudulent usages .

9. Procedure for registration of
Trademark ? Sec 21-26
 Application for registration can be made in any one
of the above offices as mentioned above
 Depending on the jurisdiction primarily based upon
the location of the business of the entrepreneur or
the company or the agent of the company
 The applicant has to apply form no.TM1 , further it
should be noted that it submitted in 3 copies along
with the prescribed fee.
 Form no TM55 for enquiry of distinctiveness of the
mark .
 Form no TM5 for enquiring whether any identical or
deceptive mark is pending for registration
 Both above form’s are applied with a prescribed fee

10. Continued ------
 Upon receiving the application the registrar shall issue the
application number which shall be used as the TM
registration no. in future
 The registrar reviews the application and start the
examination process
 If there is no objections in the application than it is
published in the TM journal for third party objections which
should be raised within the period of 3 months .
 If further there is no objections from the third parties then
the application no. will become the registration number .
 Further it is to be noted that the trade marks have to be
renewed once in 10 years
 If it Is not used for more than 5 years and 3 months the
trademark will be struck down from the book of
registration .

11. Infringements of Trademarks ?
Sec 29-30
 Meaning of trademark infringement :
Trademark infringement is the
unauthorized use of a trademark or
service mark on or in connection with
goods and/or services in a manner that
is likely to cause confusion, deception,
or mistake about the source of the
goods and/or services.