Brand Registration.

[rahuljnu]

I would like to know,how to register a brand in India. How and where
should one apply.

Registration of BRAND LOGO. and what are trade marks and how to
register them.

Please provide me this information.

With Regards,

Rahul

[Sreekar Sreekar]

Hi Rahul,

 

Trademark office is Chennai. I think that the legal expert has to put it forward with the details. I don't know if north India has another office.

 

Regards

 

Sreekar

 

 

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[Phanindra S]

Hi Rahul,
Any Charted Accountant or a Lawyer should be able to help you.

I am recommend Lalitha, copied in this email. We use their services.

Best regards,
Phani
www.redBus.in

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From: rahuljnu <rahu...@gmail.com>
To: HeadStart Network <headstar...@googlegroups.com>
Sent: Sun, April 11, 2010 11:56:24 PM
Subject: [HeadStart] Brand Registration.

[Chittu]

Dear Rahul,

I hope the below mentioned details provide you a glimpse of the trademark registration process in India. To help outline the procedures, more clarity about the class of Trademark, your business/ activities details would be required.

I am corporate lawyer and here, I only can suggest procedural aspects and it cannot be construed as legal advice. Please consult and verify all the information from your legal advisor and seek appropriate advice. However, in furtherance to your queries, please receive the procedural details:

What are Trademarks?

• A ‘Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead.

• For the purpose of registration, a mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.

• The marks devoid of any distinctive character, or which are only indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, which have already acquired distinction due to their popularity and consistent use. Internationally acclaimed brand names are freely available for use in India.

Who can Apply for Trademark registration?

A person who claims to be  the proprietor of the trademark can apply for the registration of its mark for goods as well services.

Benefits of Trademark Registration?

The registered trademark confers upon the owner the exclusive right to the use of the trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. Below mentioned is a brief steps involved in trademark registration.

(General) Trademark Registration Process:

• Classification and conducting a Pre-Filing Search
• File the Trademark Application
• Receive the Issued Official Receipt
• Examination Report - Official Hearing
• Response - Accepted
• Upon Acceptance it is (Advertised) Published in the Official Gazette and put up for Opposition for next 90 days.
• If no Obejctions are raised by anybody then the Registration is granted.
• The Registration of the mark is valid for 10 years from the date of filing the application and upon the expiry of such term it has to be renewed

Where to Apply for Registration?

The office to apply for the Trademark registry depends on the jurisdiction, following are the details:

• Mumbai - State of Maharashtra, Madhya Pradesh and Goa
• Delhi - J& K, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and  Chandigarh
• Kolkata - Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim  , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island
• Ahmedabad - Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli
• Chennai - Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island

How to Apply for Trademark Registration?

Applications have to be filed through the various Forms prescribed by the Trademark Registry Authority of India.

Please feel free to revert back to me for any further clarifications.

Regards,
Megha Chitguppi

On Sun, Apr 11, 2010 at 11:56 PM, rahuljnu <rahu...@gmail.com> wrote:

[dinesh]

Make a visit to the Trademarks and Patent office and meet the
Information officer who will provide you with all the information you
need - they have offices all over the country (http://
www.patentoffice.nic.in/). Once you have the gyaan, you can hire a
consultant like me or go it by yourself.

The process is in two steps - [a] Do a Search and [b] Apply for
registration of the mark. The search can be online or offline - in
the online search you register with the website and buy search time
(Rs. 400 for 15 mins) else you can apply for a manual search (Rs.
500).

Since this is a logo, I suggest you submit for a manual search. Even
otherwise since the results provided by their own team will find
immediate acceptance and your personal search may be subject to
verification.

While you are at it, search the category or "Class" for your business
under which you would like to register the logo. The registration can
be done under multiple classes, and for each class you have to pay Rs.
2500. They will register and you can use the TM mark with your logo.
After a three year period you can use the (r) mark.

You can get all the information you want at http://www.patentoffice.nic.in/

Hope this helps
Dinesh Bareja

[Chittu]

Dear Mr.Ruchit Garg,

In order to register a trademark, it is essential to be acquainted with the the following aspects/ steps:

* Indian Trademark Register

The register of trade marks currently maintained in electronic form contains interalia the trade mark  the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

* Prior Use Search

A trademark search is a comprehensive and analytical way of researching a name, logo or slogan for prior use. It is highly desirable to conduct a trademark search before filing an application for a trademark in India.

A basic trademark search includes trademark applications in India and registered trademarks. A prior use Search can be conducted either online or manually. The Online Trademark Search is the most easy, time-consuming and cost effective (but not comprehensive) type of search. Here's the weblink for the same: https://www.ipindiaonline.gov.in/etmr/publicSearch/searchmain.aspx
In the online trademark search an applicant or his agent gets 15 minutes time duration to search any mark in any class. The validity of online search is only for 7 days. Once logged in, it cannot be used by anyone again. The registry issues a User ID and a password for the purpose of search. The online trademark search can be conducted either with the help of the credit card or by directly making an application to the Trademark Registry along with the requisite fees.

Available here is the sample of the registry: http://www.patentoffice.nic.in/tmr_new/default.htm  along with the search guidelines.

However, it is to be noted that such online searches are usually not comprehensive and therefore manual searches are preferred.


* Trademark Application Fee Structure

There is fee structure prescribed by the Trademark Registry Authority for each request made, below mentioned are the details:

- Fees for applications such as  Form TM-1, TM-2, TM-3, TM-8, TM-51 etc - Fees: Rs.2,500/-

- Preliminary advise of the Registrar as to the registrability of a mark(Form TM-55).Fees: Rs.500/-.
- To file a Notice of Opposition to oppose an application published in the Trademarks Journal  (FormTM-5). Fees:Rs.2,500/-
- For Renewal of a Registered trademark (Form TM-12 ). Fees: Rs.5,000/-
- Surcharge for belated renewal  (Form -10).Fees:Rs.3,000/-
- Restoration of removed mark (Form TM-13) Fees:5,000/-
- Application for rectification of a registered trade mark (Form TM-26) Fees:Rs.3,000/-
- Official search  request (Form TM-54). Fees:Rs.500/-

* Time Required

There is no such fixed time-period that one can slot for the trademark registration. The amount of time it takes to get through the trademarking process varies from case to case. While the average time from filing for a trademark to receiving that trademark is around 6-9 months, but it can be as short as a few months to as long as several years.


Hope this clarifies your query.

Regards,
Megha Chitguppi

On Tue, Apr 13, 2010 at 2:01 AM, Ruchit Garg <ruchi...@gmail.com> wrote:

Hi Megha, thanks for sharing information.

 

How much time and money is required to register a trademark?

 

Ruchit

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