A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
Our Prices for Trademark Registration in Delhi, India
Sl No.
Services
Professional charges
1
Trademark search
₹ Free
2
Trademark application
₹ 999
3
Affidavit of use
₹ 499
4
Reply to examination report
₹ 2500
5
Trademark hearing
₹ 3000
6
Notice of opposition
₹ 5000
7
Counter statement
₹ 5000
8
Evidence in Opposition
₹ 10000
9
Opposition Hearing
₹ 5000
10
Rectification/Cancellation
₹ 5000
11
Evidence in Cancellation
₹ 10000
12
Rectification Hearing
₹ 5000
13
Assignment deed
₹ 5000
14
Trademark renewal
₹ 999
15
Logo designing
₹ 2000
Under modern business condition a trademark performs four functions:
If it is a word it should be easy to speak, spell, and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid the selection of a geographical name, common personal name, or surname. No one can have a monopoly right on it. Avoid adopting laudatory words 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 the same/similar mark is used in the market.
All of these symbols denote the stage of registration of a particular trademark. While the ‘TM’ symbol is usually found on marks that have been put in the course of being registered, the ‘SM’ is the service sector equivalent of the ‘TM’ mark. Although these symbols do not accord a proprietary right over the mark, yet, they still warn third parties from imitating the mark. On the other hand, the ‘R’ symbol signifies a registered trademark which offers a proprietary right over the mark to its owner.
The Indian Trademark Registry has classified trademarks in 45 classes that are based on the type of goods and services. By registering marks in a different class(es), the confusion about infringement of registered marks is likely to be curtailed to a great extent. Thus, while Classes 1 to 34 define different goods, classes 35 to 45 define different services.
Any person who claims to be the proprietor of a mark may apply to the Office for registration of the mark. Alternatively, in the owner’s absence any other person authorized by the original owner may make an application for registration of the latter’s mark. The application, in any case, must contain the details of the trademark and the applicant/agent, its supposed goods/services along with the power of attorney.
Yes, a trademark can be removed on application to the Registrar based on the ground that the mark had been wrongly remaining on the register. Furthermore, the Registrar can also promulgate a Notice for removal of a registered mark, on his/her own accord.
The register of trademark in delhi is currently maintained in electronic form contains inter alia the trademark 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 trademark has been registered with the consent of the proprietor of an earlier mark or earlier rights, that fact.
Although the law of trademarks permits both goods as well as services to be safeguarded by a registered trademark, yet there are still a few things which cannot be trademarked in India such as:
Unlike the rights associated with the owner of a copyright, which does not require any formal registration, the rights associated with a particular trademark arise only after the registration of the mark within the Indian Trademark Registry. These advantages of registering a trademark are numerous, for instance, the inclusion of a trademark fosters goodwill and trust in the minds of the consumers over a period of time. By excluding other businesses from using the same registered mark, it acts as an intangible asset that allows the owner to license, assign, or distribute the registered mark. Consumers also tend to associate certain products and services by their respective trademarks which in turn, are regarded as the symbol(s) which ensure a certain level of quality.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages, and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks. The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same. The Purchaser and ultimately Consumers of goods and services get options to choose the best.
The process of trademark registration in Delhi is not easy as it looks. However, registrar of trademarks in Delhi are experienced and our trademark consultants in Delhi are having over 20+ years of experience in trademark filing online in Delhi. But the steps in detail are listed below.
When an unknown printer took a galley of type and scrambled it to make a type specimen book.
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