Frequently Asked questions on Trademark - Lawyer, Attorney, Advocate - New Delhi, India

Frequently Asked questions on Trademark - Lawyer

, Attorney, Advocate - New Delhi, India

What is the governing law of Trademarks?

The Trademarks Act, 1999 is the governing law of Trademarks which came into effect from September 15, 2003. This new Trademark Act has in effect repealed the old Act, Trade and Merchandise Marks Act, 1958 and Rules there under. The new Act is broadly based on the requirements of TRIPS (Trade Related Aspects of Intellectual Property Rights) as well as the effects of the various judgments pronounced by the courts of India from 1958 till date. This Act, in all respect, is in conformance with international standards. There are far reaching changes in the trademark related issues in India with one of the best and broad protection in the world.

What is Registrable as a Trademark?

A Trademark must be a mark, which includes a device, brand, heading, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours or any combination thereof which is capable of represented graphically or in writing; and Capable of distinguishing the goods/services of one person from that of another.

The new definition of Trademark has enlarged the scope of registration and protection of a mark and broadly covers:

Trade Marks

Service Marks

Shape of Goods

Packaging

combination of colours

Collective Mark:

Now it is also possible to file application for a Collective Mark in the name of any Associations or Federations and only their authorized members will be allowed to use the same.

Whether a Search of a Trademark is compulsory?

Although not compulsory, it is highly advisable to conduct a prior search to find out any identical or resembling trademarks to avoid any disputes at a later stage.

IT IS ALWAYS ADVISABLE TO CONDUCT A PRIOR SEARCH BEFORE ADOPTING A TRADEMARK

Does India follow NICE Classification of Goods?

Yes. Schedule IV of the new Trade Marks Act, 1999 has adopted the International Classification of Goods (VII Edition of NICE Agreement) divided into 1 to 42 Classes.

Is it possible to claim Priority?

Yes. Since India is a member of Paris Convention and WTO, it is possible to claim priority on the basis of first application filed in any of the member country within a period of six months.

What are the Filing requirements?

I. The Trademark (if not a word mark, 15 prints of the trademark). If colour is to be claimed, prints should be in the exact colour with colour descriptions.

II. Full name and Address of the applicant.

III. Description of Goods/services.

IV. Usage of the mark in India, if any, or intended to be used V. A simply signed Power of Attorney

VI. If priority is to be claimed, date of filing, country of filing and application number. A Certified copy of the Application filed in any Convention Country is to be filed in India within six months from the date of first application.

VII. None of the document is required to be notarized or legalized.

It is to be noted that multi class application for registration of a Trademark is allowed, but the fees have to be paid on the basis of number of Classes included in an application. It is also pertinent to note here that, if the mark in one class is opposed, the applications in other classes will be kept in abeyance till the opposition is decided unless the application is divided by payment of additional fees.

For more details contact the Expert Trademark Attorneys & Lawyers at :

Global Lawyers

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