BHUSHAN KOTECHA & ASSOCIATES

COMPANY SECRETARIES
Trade Mark

Trade Mark

‘Trade Mark’ means a mark capable of being represented graphically and which is capable of distinguishing the goods & services of one person from those of others & may include Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof and Any Slogan, Base or Punch Line, shape of goods, their packaging, combination of colors etc. which are used to describe any product better

Procedure for Registration of Trade Mark:

  • Finalize the Mark / Logo to be registered.

  • Conducting Search for availability of Trade Mark.

  • Decide the class under which the Trade Mark is to be registered on the basis of activities.

  • Filing of Application.

  • Obtaining acknowledgement from the Registrar of Trade Mark.

  • Application to be examined by the Department, submission of reply if objection raised.

  • Appearance before the Hearing Officer.

  • Publish the Mark in Trade Mark Journal for public objections.

  • If there is no objection, obtaining certificate from Registrar of Trade Mark.

  • Within a prescribed period any person can file an opposition, the opponent leads evidence in support of his case by way of affidavit followed by the applicant’s evidence also by way of affidavit in support of the application. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer. The registrar’s decision is appealable to the Intellectual Property Appellate Board.

Check-list:

  • Name of the Proprietorship/Firm/Company:

  • Name of proprietor/Partner/Director (with father’s Name )

  • Address of Registered Office of the Company/Firm:

  • Since when the trade mark has been first used:

  • Nationality of Proprietor/Partner:

  • Nature of Goods/Services manufactured/provided:

  • Details of goods/services for which trade mark is to be registered.

  • Brand Name or Logo to be registered as Trade Mark.





Trade Mark Public Search Link

Trade Mark Class Details


Download the documents require for trademark application:

1.TM-48

2.TM QUESTIONNAIRE.

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