it generally includes :
- Fees for making application for registration of trade markin for TM-1(this is fixed government fees) Rs.3,500/-
- Trade Mark search fees. around Rs.500/-
- Professional Charges.(i.e. agent,lawyer etc fees). Rs.1,000/- to Rs. 4,000/- per class per mark.
- A Trademark is a sign that is used to distinguish the goods and services of one party from those of others. A Trademark can be a letter, number, word, phrase, logo, graphic, puch line,lable,shape, smell, sound or combination of these things.
- Brand Name is other name of Trademark.
- Brand Name Registration in India governed by the Trade Marks Act, 1999 & Trade Marks Rules, 2002 (and amendments thereof).
- a Trademark registration is valid for 10 years and the registration can be renewed every 10 years thereafter upon payment of renewal fee.
- There are three basic types of Trademarks that can be registered in India:
Trademark and Service Mark:
Trademarks and Service Marks are those that are affixed to identify goods or services of certain producers.
Collective mark is a Trademark registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group. In another words the members of the group or organization may use the collective Trademark to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.
Certification mark is a Trademark capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor of the Trademark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other specific features.
- The registration of a Trademark is not mandatory
- Registration of Trademark usually involves the following steps:
1. A preliminary search of existing Trademark.
2. An application for the registration of Trademark.
3. An examination of your application by the Trade Mark Registry (TMR).
4. Publication of your mark in the Trademarks Journal.
5. Opposition to the registration.
6. Correction and amendment in the application.
7. Acceptance of Registration.
- A Trademark is always protected only for certain classes of goods and services.
- Goods and services are classified into 42 classes
- For goods (Class 1 – 34) — For services (Class 35 – 42).
- word and logo trademarks have to be filed separately. Therefore, you would have to file a trademark for the word & graphical representation(your Logo) separately.
- Currently it is taking approximately 18-24 months to get a trademark in India.
- Use of 'TM' and 'R' symbol : Generally,One who has filled an application(Pending Registration) Can use the 'TM'(Trademark) designation with the mark to alert to public with its exclusive claim.The claim may or may not be valid.The registration symbol 'R' or 'R in a circle' may only be used when the mark is registered. 'sm' represent the inregistered service mark like 'TM'.it is also informal notification that there is a public claim as a service mark(same as 'TM' but 'SM' is for 'service').
* Disclaimer Post applies.
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