Trade Mark

What is Trade Mark?

A Trade Mark is a visual symbol consisting of a –

• a word, or
• Design or
• Numeral or
• Combination of the above –

that distinguishes the goods or services of one business establishment from those of others. Examples of a Trade Mark are “Colgate” for toothpaste, “Surf ” for Washing Powder, “V-Guard ” for stabilizers, etc.

Advantages of Trademark Registration

• By registering a Trade Mark, the Central Government grants you a legally valid country-wide exclusive right of use in your chosen business.
• The Registered user of a Trade Mark can legally and effectively stop imitations/misuse of his trade mark by others, sue for damages and secure destruction of infringing goods or services.
• Trade Mark is one of the few Appreciating Assets of a Business and is shown in the Assets side of Balance Sheet which helps greatly at the time of ownership change.
• It is a Seal of Authenticity and creates a better Brand image in the marketplace.
• It greatly improves your business volumes and profitability in the long run.

Trademark classification

As per International Conventions and according to Fourth Schedule of Trade Marks Act, 1999, all products that we consume directly or used in manufacturing are classified into different classes based on common features. Please click here to view the classification list of goods:

Trademark registration in India

In India, The Trade Marks Act, 1999 (formerly, The Trade and Merchandise Act, 1958) governs the registration and related matters. The Head Office of Trade Marks Registry, under Ministry of Commerce, Government of India, is at Mumbai. There are 4 regional offices of the Registry respectively at Kolkatta, Delhi, Ahmedabad and Chennai. Application for Trade Mark Registration is submitted at Regional offices. Currently it takes 1 and half to 2 years for registration of a Trade Mark after filing of application. The registration is valid for 10 years from the date of acknowledgement of Application and can be further renewed for every 10 years.