Trademark
River Intellect Solutions provides wide and extensive services with respect to filing of a Trademark within the territory of India. Attorneys at River Intellect offer a variety of Trademark services including public searches, preparation and filing of applications and prosecution of applications.
Our Services
Trademark search is a preliminary verification to decide whether proposed brand name / logo / label is available for applying or not. To protect business interests of our customer, our team of professionals conduct a comprehensive search of all marks at the India Trademarks Registry office.
River Intellect stands out in guiding business owners with the accurate search report.
Attorney completes the application drafting and filing with Trademark Registry using information provided by customer such as business information and logo, word, slogan to be registered. As soon as the form is filed, customer can start using the ™ symbol.
River Intellect provides hassle free TM registration process with single document submission!
In case of any objection / opposition; our specialized attorneys give comprehensive, accurate and timely response to the raised objection by citing recent applicable judicial decisions together with evidence of use of the trademark in India.
Our skilled legal staff helps you in drafting a proper notice of opposition with dully filled forms or prepares a counter statement for those who received opposition and submit the same with Trademark Registry.
A registration of Trademark is valid for a period of 10 years which can be renewed from time to time. As per the rules every applicant should renew its Trademark at any time not more than six months before the expiration of the last registration.
Our experts help you in completing trademark renewal services with all concerned regional trademark offices of India, which are located in Kolkata, Mumbai, New Delhi, Chennai, and Ahmedabad. We act promptly and help in getting a Trademark renewal in India.
FAQ
A trade mark (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 trade mark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or
- If it is a word it should be easy to speak, spell and remember
- The best trademarks are invented words or coined words..
- Please avoid selection of a geographical name. No one can have monopoly right on it.
- 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/similar mark is used in market.
Under modern business condition a trade mark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office.
It is provided under the Trade Marks Act, 1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trademarks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols.
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented
- It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.
- It guarantees the identity of the origin of goods and services.
- It stimulates further purchase.
- It serves as a badge of loyalty and affiliation.
- It may enable consumer to make a life style or fashion statement.
- The Regd. Proprietor: The Regd.Proprietor a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels. The Government: The Trade Marks Registry is expected to earn revenue of nearly Rs.40 crores during the current year and which is perpetually on the rise. The Legal professionals: The Trade Marks Registration system is driven by professionals and legal and Para-legal advisors (Agents) who act for the clients in the processing of the trade marks application. The Purchaser and ultimately Consumers of trademarks goods and services.
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The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicates 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. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
- The national statue i.e., the Trade Marks Act, 1999 and rules there under.
- International multilateral convention
- National bilateral treaty
- Regional treaty
- Decision of the courts.
- Office practice and rulings
- Decision of Intellectual Property Appellate Board
- Text books written by academician and professional experts
The register of trade mark 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.