As per the trade mark law in India, trade mark is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors, etc.
A trade mark performs the following basic functions:
- Identifies the source and origin of goods.
- Distinguishes the trade mark owners’ goods and services from that of others.
- Helps in advertising.
- Creates brand loyalty.
|
Relevant Office |
Controller General of Patents, Designs, and Trade Marks, Mumbai (Head Office), and other branch offices at New Delhi, Chennai, Kolkata and Ahmedabad |
|
Law in Force |
Trade marks Act, 1999; Trade Marks Rules, 2002 |
|
Nice Classification |
Yes (Edition 10) |
|
Paris Convention |
Yes |
|
Madrid Protocol |
Yes |
|
Multi- Class System |
Yes |
|
Document (s) Required to file a Trade mark application |
Simply executed Power of Attorney duly stamped as per the Indian Stamp Act, 1899. |
|
Prosecution Process |
|
|
Registration Term |
10 years from the date of application as registration relates back to the date of application. |
|
Renewal Term |
10 years from the date of previous registration |
Advantages of Trade mark Registration
Although the registration of a mark is not mandatory and use of unregistered mark is legal, however, a trade mark registration provides assured advantages to the proprietor of the registered mark over the unregistered mark.
- It provides prima facie evidence of ownership and validity
- It allows use of registered Trade mark or other suitable abbreviations to demonstrate ownership of Trade mark
- It prevents the unfair competitors from using the registered mark
- On the basis of registration, a suit for infringement can be brought whereas in the case of unregistered mark, a passing off suit can be filed. Passing off being a common law remedy, the burden of proof is more severe on the plaintiff than that in any action for infringement.