1. What is a trade mark?

A trade mark is a name or visual symbol or a combination of both which is used for identification of any goods or services. It distinguishes the origination of goods or services manufactured or offered by an undertaking from another.

2. What is a service mark?

A service mark is similar to a trademark, except that it identifies and distinguishes the source of a service rather than a product. A service mark can be as wide and varied as a brand name, logo, a shape, letters, numbers, color or any other aspect that renders a unique and distinct image to a service.

3. What is a collective mark?

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of an association or other collective group or organization, including a mark, which indicates membership in a union, an association, or other organization.

4. Can I register my domain name as a trade mark?

Yes, you can and it is highly recommended. By registering your domain as a Registered Trademark you protect not only the name of your domain, but you also avoid having third parties register similar domain names to your trademark.

5. Why should a mark be registered?

The trademark registration provides exclusive rights to the owner to prevent unauthorized use of the trademark. The main benefits of registering a trademark are:

(a) constructive notice to the public of the registrant's claim of ownership of the mark;

(b) a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark in connection with the goods and/or services listed in the registration;

(c) the ability to bring a legal action against the infringement of the mark,

(d) the use of trademark registration in India as a basis to obtain registration in foreign countries; and

(e) creating goodwill in market which is an intangible asset of the company.

6. How to select a trade mark?

Following tips may be useful in selection of a mark:

(a) If it is a word it should be easy to speak, spell and remember.

(b) The best trade marks are invented words or coined words.

(c) Avoid selecting a geographical name as nobody can have monopoly over it.

(d) Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)

It is advisable to conduct a market survey to ascertain if same or similar mark is being used in market.

7. What should I do in order to register my trade mark?

The registration of a trade mark in India includes the following processes:

(a) Conduct a comprehensive search in order to know the availability of your desired Trade Mark.

(b) Filing a request for trade mark registration in a prescribed format.

(c) Request for registration certificate.

8. What is Basis for Filing a Trade Mark application?

There are primarily two bases for filing an application for registration of a trade mark, namely (a) use in trade or commerce and (b) intent to use.

9. What are the legal requirements to register a trade mark?

The legal requirements to register a trade mark under the Act are:

(a) The selected mark should be capable of being represented graphically (that is in the paper form).

(b) It should be capable of distinguishing the goods or services of one undertaking from those of others.

(c) It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services.

10. What is the validity of a registered trade mark? Is there any provision for renewal?

Once registered, a trademark is valid for 10 years. Thereafter it can be renewed for another 10 years. A trademark registration can have an eternal life provided the mark is put on continuous use in trade or commerce.

11. Can I apply for Trade Mark Registration in any other country in addition to India ?

Yes, you can do the same. On February 8, 2007 Indian Government has also approved the accession of India to Madrid Protocol concerning the International Registration of Marks. This system offers a trade mark owner the possibility to have his trade mark protected in several countries (Members of the Madrid Union) by simply filing one application directly with his own national or regional trademark office.

For further questions or information about trade marks, kindly contact us at ipr@saraswatnet.com