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TRADE MARKS

What is Trademark ?
A trademark or trade mark or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products  or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark may be designated by the following symbols:
  •   (for an   unregistered trade mark, that is, a mark used to promote or brand goods)
  •   (for an unregistered   service mark, that is, a mark used to promote or brand services)
  • ®   (for a registered trademark)
What is the difference between Trade Mark & Service Mark ?
A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks.

Why register a trademark?
A registered trademark gives the exclusive use of that name, providing its owner the capability:
  • -To create "Trademark Value" (Goodwill), an active intangible for the company
  • -To offer licenses and franchises
  • -To be differentiated from competitors
  • -To be protected from third parties using an equal or similar name, exercising the legal actions that correspond
  • -To protect the Internet domain name
  • -To impede others attempting to register similar trademarks
  • -To have priority over third parties wanting to register their trademarks, in countries which do not require registration
Whether Registration of Trade Mark is Compulsory ?
No. Registration of a trade mark is not compulsory. But for better protection it is advisable to register a trade mark.

What a trademark does:
Trademarks benefit both businesses and individuals. They allow businesses to build an identity and reputation with customers, and thereby grow or expand. Trademarks also allow individuals to be better consumers. In fact, Trademark law is the original consumer protection statute. It ensures that consumers can repeat their positive buying experiences by searching out familiar brand names, and avoid bad buying experiences by steering clear of brands they didn't like.

How to acquire a right of property in a trade mark?
A person may acquire a right of property in a trade mark in the following modes:
a) By use of the mark in relation to particular goods ;or
b) By registration under the Act; or
c) By assignment or transmission of the right from another person

Is it necessary to get professional help for registration ?
As registration of trade mark is a specialized area , it may be necessary to employ the services of a trade mark Agent or Attorney .However this is not compulsory.

Whether ‘ user’ is very important in trade mark?
Yes . A trade mark must be used in relation to the goods for which the registration is sought or obtained .If it is not used but merely renewed from time to time , then it will be possible that a mark may be removed on the ground of ‘ non-user’ on a petition filed by any ‘aggrieved person’

Is it possible to file trade mark application on the ground of ‘proposed to be used ‘ ?
Yes . But the application should have bonafide intention to use the mark at the time of filing the application and further the applicant can claim rights from the date to filing such application.

What is the advantage of ‘prior user ‘ of a trade mark ?
‘Prior user’ of a trade mark is in better position rather than the registered proprietor of a mark. Hence the rule of law is -” priority in adoption and use prevails over priority in registration ” .

What about the Renewal of a Registered Trade Mark?
A registered trade mark should be renewed for every ten years under the present Act . The period of said ten years will be calculated from the date of filing the application

May I cover more than one mark in a single application?
A. No. A separate application must be filed for each mark the applicant wishes to register. Likewise, if the applicant wishes to register the same mark in more than one class, a separate application must be filed for each class and each type Black & White, and Colour

Do I have to be an Indian citizen to obtain a trademark registration?
No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a Statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.

Is a trademark registration valid outside India as well?
No. Certain countries, however, do recognize a trademark registration in India as a basis for registering the mark in those countries. The laws of each country regarding registration must be consulted.

Can the ownership of a trademark be assigned or transferred from one person to another?
Yes. A registered mark, or a mark for which an application to register has been filed is assignable

What is the Organisational structure for administration of trademark in India ?
The Trade Marks Registry is a subordinate office under the Department of Industrial Development, Ministry of Industry, Govt. of India. It is headed by the Controller General of Patents, Designs and Trade Marks. The Head Office of the Trade Marks Registry is located at Mumbai with branches at New Delhi , Chennai, Calcutta and Ahmedabad. The Head Office of the Trade Marks Registry, Mumbai is headed by the Joint Registrar of Trade Marks. The branch offices are headed by the Deputy/Assistant Registrar of Trade Marks.

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We provide Trade Mark Registration consultancy services in following cities :
Trade Mark Registration in  Abu Road, Trade Mark Registration in Adilabad,   Trade Mark Registration in Agartala, Trade Mark Registration in Agra, Trade Mark Registration in Ahmedabad, Trade Mark Registration in Ahmednagar, Trade Mark Registration in Aizwal, Trade Mark Registration in Ajmer, Trade Mark Registration in Aska, Trade Mark Registration in Aligarh, Trade Mark Registration in Allahabad, Trade Mark Registration in Almora, Trade Mark Registration in Alwar, Trade Mark Registration in Ambala, Trade Mark Registration in Amber, Trade Mark Registration in Amravati, Trade Mark Registration in Amreli, Trade Mark Registration in Amritsar, Trade Mark Registration in Anakapalle, Trade Mark Registration in Anand, Trade Mark Registration in Anantapur, Trade Mark Registration in Anklesvar (Ankleshwar), Trade Mark Registration in Anuppur, Trade Mark Registration in Araria, Trade Mark Registration in Arcot, Trade Mark Registration in Arrah, Trade Mark Registration in Aruppukkottai, Trade Mark Registration in Asansol, Trade Mark Registration in Ashok Nagar, Trade Mark Registration in Aurangabad, Trade Mark Registration in Auroville, Trade Mark Registration in Ayodhya, Trade Mark Registration in Azamgarh, Trade Mark Registration in Baharampur, Trade Mark Registration in Bahraich, Trade Mark Registration in Balaghat, Trade Mark Registration in Balasore, Trade Mark Registration in Ballia, Trade Mark Registration in Balrampur,Trade Mark Registration in Banda, Trade Mark Registration in Banga (City), Trade Mark Registration in Bangalore / Bengaluru, Trade Mark Registration in Banganapalle, Trade Mark Registration in Banswara, Trade Mark Registration in Bardhaman (Burdwan), Trade Mark Registration in Bareilly, Trade Mark Registration in Barnala, Punjab, Trade Mark Registration in Baripada, Trade Mark Registration in Barmer, Rajasthan, Trade Mark Registration in Baroda / Vadodara, Trade Mark Registration in Barrackpur, Trade Mark Registration in Barwani, Trade Mark Registration in Banswara, Trade Mark Registration in Belgaum, Trade Mark Registration in Bellary, Trade Mark Registration in Bhagalpur, Trade Mark Registration in Bir Palampur, Trade Mark Registration in Bharatpur, Trade Mark Registration in Bharuch, Trade Mark Registration in Bhavnagar, Trade Mark Registration in Bhilai Nagar, Trade Mark Registration in Bhilwara, Trade Mark Registration in Bhind, Trade Mark Registration in Bhopal, Trade Mark Registration in Bijnor, Trade Mark Registration in Bikaner, Trade Mark Registration in Bilaspur, Chhattisgarh, Trade Mark Registration in Bilaspur, Himachal Pradesh, Trade Mark Registration in Bodh Gaya, Trade Mark Registration in Bokaro Steel City, Trade Mark Registration in Bombay (now Mumbai), Trade Mark Registration in Buldana, Trade Mark Registration in Buxar, Trade Mark Registration in Bulandshahr, Trade Mark Registration in Calicut, Trade Mark Registration in Cambay (Khambat), Trade Mark Registration in Chamoli Gopeshwar, Trade Mark Registration in Champawat, Trade Mark Registration in Chamrajnagar, Trade Mark Registration in Chandannagar, Trade Mark Registration in Chandigarh, Trade Mark Registration in Chapra, Trade Mark Registration in Charkhari, Trade Mark Registration in Chandrapur, Trade Mark Registration in Chengalpattu, Trade Mark Registration in Chennai (formerly Madras), Trade Mark Registration in Chhatarpur, Trade Mark Registration in Chhindwara, Trade Mark Registration in Chikmagalur, Trade Mark Registration in Chiplun, Trade Mark Registration in Chitradurga, Trade Mark Registration in Chitrakoot Dham Karwi, Trade Mark Registration in Chittoor, Trade Mark Registration in Coimbatore, Trade Mark Registration in Contai, Trade Mark Registration in Coonoor, Trade Mark Registration in Cuddalore, Trade Mark Registration in Cuddapah, Trade Mark Registration in Cuttack, Trade Mark Registration in, Trade Mark Registration in Dabra, Trade Mark Registration in Dadra, Trade Mark Registration in Dahod, Trade Mark Registration in Daltonganj, Trade Mark Registration in Daman, Trade Mark Registration in Damoh, Trade Mark Registration in Darbhanga, Trade Mark Registration in Darjeeling, Trade Mark Registration in Datia, Trade Mark Registration in Davanagere, Trade Mark Registration in Dehgam, Trade Mark Registration in Dehradun, Trade Mark Registration in Deoghar, Trade Mark Registration in Dewas, Trade Mark Registration in Delhi, Trade Mark Registration in Dhar, Trade Mark Registration in Dharampur, Trade Mark Registration in Dharamsala, Trade Mark Registration in Dholka, Trade Mark Registration in Dhule, Trade Mark Registration in Dhulian, Trade Mark Registration in Dispur, Trade Mark Registration in Diu, Trade Mark Registration in Dombivli, Trade Mark Registration in Dumdum, Trade Mark Registration in Durg, Trade Mark Registration in Durgapur, Trade Mark Registration in Dwarka, Trade Mark Registration in Ernakulam, Trade Mark Registration in Erode, Trade Mark Registration in Etah, Trade Mark Registration in Etawah, Trade Mark Registration in Eta, Trade Mark Registration in Faridabad, Trade Mark Registration in Faridkot, Trade Mark Registration in Farrukhabad, Trade Mark Registration in Fatehgarh, Trade Mark Registration in Fatehpur Sikri, Trade Mark Registration in Ferozepur, Trade Mark Registration in Firozabad, Trade Mark Registration in Gorakhpur, Trade Mark Registration in Haldia, Trade Mark Registration in Haldwani, Trade Mark Registration in Hamirpur, Himachal Pradesh, Trade Mark Registration in Hamirpur, Uttar Pradesh, Trade Mark Registration in Hanumangarh, Trade Mark Registration in Howrah, Trade Mark Registration in Harda, Trade Mark Registration in Harsawa, Trade Mark Registration in Haridwar, Trade Mark Registration in Hassan, Trade Mark Registration in Hastinapur, Trade Mark Registration in Hathras, Trade Mark Registration in Himatnagar, Trade Mark Registration in Hisar, Trade Mark Registration in Hansi, Trade Mark Registration in Hyderabad, Trade Mark Registration in Jalandhar, Trade Mark Registration in Jalgaon, Trade Mark Registration in Jagraon, Trade Mark Registration in Jammu, Trade Mark Registration in Jamnagar, Trade Mark Registration in Jamshedpur, Trade Mark Registration in Jaunpur, Trade Mark Registration in Jhabua, Trade Mark Registration in Jhalawar, Trade Mark Registration in Jhansi, Trade Mark Registration in Jhunjhunu, Trade Mark Registration in Jodhpur, Trade Mark Registration in Jorhat, Trade Mark Registration in Junagadh, Trade Mark Registration in Patan, Trade Mark Registration in Kalimpong, Trade Mark Registration in Kalyan-Dombivali, Trade Mark Registration in Kalyani, Trade Mark Registration in Kanauj, Trade Mark Registration in Kancheepuram, Trade Mark Registration in Kandla, Trade Mark Registration in Kangazha, Trade Mark Registration in Kannur, Trade Mark Registration in Kanpur, Trade Mark Registration in Kanyakumari, Trade Mark Registration in Karaikal, Trade Mark Registration in Karaikudi, Trade Mark Registration in Karimnagar, Trade Mark Registration in karnal, Trade Mark Registration in Karur, Trade Mark Registration in Kavaratti, Trade Mark Registration in Khammam, Trade Mark Registration in Khandwa, Trade Mark Registration in Kharagpur, Trade Mark Registration in Khargone, Trade Mark Registration in Kheda, Trade Mark Registration in Khilchipur, Trade Mark Registration in Khuldabad, Trade Mark Registration in Kochi (formerly Cochin), Trade Mark Registration in Kohima, Trade Mark Registration in Kolar, Trade Mark Registration in Kolhapur, Trade Mark Registration in Kolkata (formerly Calcutta), Trade Mark Registration in Kollam (formerly Quilon), Trade Mark Registration in Konark, Trade Mark Registration in Korba, Trade Mark Registration in Kota, Trade Mark Registration in Kotdwara, Trade Mark Registration in Kothagudem, Trade Mark Registration in Kottarakara, Trade Mark Registration in Kottayam, Trade Mark Registration in Kovilpatti, Trade Mark Registration in Kozhencherry, Trade Mark Registration in Kozhikode, Trade Mark Registration in Kulpahar, Trade Mark Registration in Kumbakonam, Trade Mark Registration in Kumbhraj, Trade Mark Registration in Kurnool, Trade Mark Registration in kurukshetra, Trade Mark Registration in Kushinagar, Trade Mark Registration in Karamsad, Trade Mark Registration in Leh, Trade Mark Registration in Lucknow, Trade Mark Registration in Ludhiana, Trade Mark Registration in Madanapalle, Trade Mark Registration in Madgaon, Trade Mark Registration in Madikeri (Mercara), Trade Mark Registration in Madurai, Trade Mark Registration in Mahabaleswar, Trade Mark Registration in Mahe, Trade Mark Registration in Mahendragiri, Trade Mark Registration in Mahoba, Trade Mark Registration in Mahwa, Trade Mark Registration in Mahudha, Trade Mark Registration in Malappuram, Trade Mark Registration in Mandla, Trade Mark Registration in Mandsaur, Trade Mark Registration in Mangalagiri, Trade Mark Registration in Mangalore, Trade Mark Registration in Mapusa, Trade Mark Registration in Marmagao, Trade Mark Registration in Mathura, Trade Mark Registration in Machilipatnam, Trade Mark Registration in Meerut, Trade Mark Registration in Mirzapur, Trade Mark Registration in Mohali, Trade Mark Registration in Moradabad, Trade Mark Registration in Motihari, Trade Mark Registration in Mount Abu, Trade Mark Registration in Mumbai (formerly Bombay), Trade Mark Registration in Mussoorie, Trade Mark Registration in Murwara (Katni), Trade Mark Registration in Murshidabad, Trade Mark Registration in Muzaffarnagar, Trade Mark Registration in Muzaffarpur, Trade Mark Registration in Mysore, Trade Mark Registration in Nadiad, Trade Mark Registration in Nagapattinam, Trade Mark Registration in Nagercoil, Trade Mark Registration in Nagpur, Trade Mark Registration in Nainital, Trade Mark Registration in Nalgonda, Trade Mark Registration in Nanded, Trade Mark Registration in Nandurbar, Trade Mark Registration in Narsimhapur, Trade Mark Registration in Narsinghgarh, Trade Mark Registration in Nashik, Trade Mark Registration in Navi Mumbai (New Mumbai), Trade Mark Registration in Navsari, Trade Mark Registration in Nawalgarh, Trade Mark Registration in Neemuch, Trade Mark Registration in Nellore, Trade Mark Registration in New Delhi or Delhi, Trade Mark Registration in New Guntur, Trade Mark Registration in Nizamabad, Trade Mark Registration in Nazibabad, Trade Mark Registration in NOIDA (Gautam Budh Nagar), Trade Mark Registration in Nanital, Trade Mark Registration in Nawada, Trade Mark Registration in  Ootacamund or Ooty (Udhagamandalam), Trade Mark Registration in Ongole, Trade Mark Registration in Orai, Trade Mark Registration in Osmanabad, Trade Mark Registration in Palanpur, Trade Mark Registration in Panaji (also called Panjim), Trade Mark Registration in Panchkula, Trade Mark Registration in Pandharpur, Trade Mark Registration in Panipat, Trade Mark Registration in Panna, Trade Mark Registration in Patan, Trade Mark Registration in Pathankot, Trade Mark Registration in Patiala, Trade Mark Registration in Patna, Trade Mark Registration in Pimpri Chinchwad, Trade Mark Registration in Ponda, Trade Mark Registration in Puducherry (formerly Pondicherry), Trade Mark Registration in Porbandar, Trade Mark Registration in Port Blair, Trade Mark Registration in Pune, Trade Mark Registration in Puri, Trade Mark Registration in Pushkar, Trade Mark Registration in Ponnani, Trade Mark Registration in Quilon (now Kollam), Trade Mark Registration in Raichur, Trade Mark Registration in Raigarh, Trade Mark Registration in Raisen, Trade Mark Registration in Raipur, Trade Mark Registration in Rajgarh, Trade Mark Registration in Rajahmundry, Trade Mark Registration in Rajkot, Trade Mark Registration in Rajnandgaon, Trade Mark Registration in Ramanathapuram, Trade Mark Registration in Rameswaram, Trade Mark Registration in Rampur, Trade Mark Registration in Ranchi, Trade Mark Registration in Ratangarh, Trade Mark Registration in Ratlam, Trade Mark Registration in Ratnagiri, Trade Mark Registration in Raurkela, Trade Mark Registration in Rewa, Trade Mark Registration in Rohtak, Trade Mark Registration in Roorkee, Trade Mark Registration in Rishikesh, Trade Mark Registration in Ropar, Trade Mark Registration in Rajapalayam, Trade Mark Registration in Sagar, Trade Mark Registration in Salem, Trade Mark Registration in Samastipur, Trade Mark Registration in Sanawad, Trade Mark Registration in Sangli, Trade Mark Registration in Sathyamangalam, Trade Mark Registration in Satara, Trade Mark Registration in Satna, Trade Mark Registration in Saharanpur, Trade Mark Registration in Sehore, Trade Mark Registration in Seoni, Trade Mark Registration in Shajapur, Trade Mark Registration in Shegaon, Trade Mark Registration in Sheopur, Trade Mark Registration in Shillong, Trade Mark Registration in Shivpuri, Trade Mark Registration in Sholapur, Trade Mark Registration in Sikar, Trade Mark Registration in Silchar, Trade Mark Registration in Silvassa, Trade Mark Registration in Sindhanur, Trade Mark Registration in Shimla, Trade Mark Registration in Shimoga, Trade Mark Registration in Shirala, Trade Mark Registration in Siliguri, Trade Mark Registration in Singrauli, Trade Mark Registration in Sirohi, Trade Mark Registration in Sironj, Trade Mark Registration in Sitamarhi, Trade Mark Registration in Ganganagar (also called Sriganganagar), Trade Mark Registration in Srikakulam, Trade Mark Registration in Srinagar, Trade Mark Registration in Surat, Trade Mark Registration in Surendranagar, Trade Mark Registration in Sitapur, Trade Mark Registration in Tamluk, Trade Mark Registration in Tenali, Trade Mark Registration in Thane, Trade Mark Registration in Thanjavur, Trade Mark Registration in Thathawata, Trade Mark Registration in Thiruvallur, Trade Mark Registration in Thrikkannamangal, Trade Mark Registration in Thrissur(formerly Trichur), Trade Mark Registration in Thoothukudi (formerly Tuticorin), Trade Mark Registration in Tiruchirappalli, Trade Mark Registration in Tirunelveli, Trade Mark Registration in Tirupathi, Trade Mark Registration in Tirupur, Trade Mark Registration in Tikamgarh, Trade Mark Registration in Thiruvananthapuram (formerly Trivandrum), Trade Mark Registration in Udhagamandalam (formerly Ooty), Trade Mark Registration in Udupi, Trade Mark Registration in Ujjain, Trade Mark Registration in Ulhasnagar, Trade Mark Registration in Unnao, Trade Mark Registration in Vadodara, Trade Mark Registration in Vallabh Vidhyanagar, Trade Mark Registration in Valsad, Trade Mark Registration in Vandavasi, Trade Mark Registration in Vapi, Trade Mark Registration in Varanasi (also called Banaras or Kashi), Trade Mark Registration in Vasai, Trade Mark Registration in Vasco da Gama, Trade Mark Registration in Vellore, Trade Mark Registration in Vidisha, Trade Mark Registration in Vijayawada, Trade Mark Registration in Viluppuram, Trade Mark Registration in Virar, Trade Mark Registration in Visakhapatnam, Trade Mark Registration in Vizianagaram, Trade Mark Registration in Warangal, Trade Mark Registration in Wardha, Trade Mark Registration in Warisaliganj, Trade Mark Registration in Yavatmal, Trade Mark Registration in Yanam, Trade Mark Registration in Yamuna Nagar, Trade Mark Registration in Zainabad, Trade Mark Registration in Zirakhpur

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