Importance of Trademark Registration and Several Aspects of Its.

The Trademark laws in India are governed by trademarks Act 1999 which is in conformity with the TRIPS agreement to which India is a signatory. A trade mark (popularly known as brand name) in layman’s language is a visual symbol which may be name, word, signature, label, numeral or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods/services originating from a different undertaking. Various kinds of goods and services which are classified according to International Classification of goods and services, are covered under the Trade Mark. Currently Schedule IV of Trade Marks Act, 1999 provides a list of such goods and services falling in different classes.

Any Person claiming to be owner/proprietor of Trade Mark used or proposed to be used can apply for trademark registration. Following are the requirements of Trademark Registration –
(i) Name and Address of the Applicant Company / Person

(ii) Trademark/Logo

(iii) Description of goods/Services

(iv) Class(es)

(v) Power of Attorney

Process of Registration would take 12 to 15 months involving following phases

(a) Filing of trademark application

(b) Examination Report and Reply there of

(c) Hearings if required

(d) Acceptance before Advertisement

(e) Publication in Trade Mark Journal

(f) Issuance of Registration Certificate.

After the trademark is published in TM Journal any person can file opposition with in four months from the date of publication. After hearing both parties acceptance or rejection of Trade Mark is decided.

Term for registration of Trademark is 10 years but it can be further renewed with in six months of expiry of the term

Trademark can be issued in respect of all goods/services or part there of . Assignments or License agreements should be made in writing and recorded with registrar of trade marks for its validity and enforcement.

Any person aggrieved by unauthorized use of trademark registration by third party has following remedies –

(a) An action for infringement in case of registered Trade Mark

(b) An action for passing off in case of unregistered Trade Mark

Infringement is a statutory remedy and passing off is a common law remedy which is available in Torts. Court awards damages, injunction, account for profits and/or order for delivery for infringing labels and marks for destruction.