How to Apply for a Trade Mark in Respect of Particular Goods or Services?
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...
View ArticleWhat are Different Types of Trade Marks Available for Adoption?
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...
View ArticleWhat Purpose does the Trade Mark System Serve?
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...
View ArticleWho Benefits from a Trade Mark?
The Regd. Proprietor: The Regd. Proprietor of 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...
View ArticleWhat are the Benefits of Registering a Trade Mark?
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in...
View ArticleWhat are the Formalities and Government Fees for Major Trade Mark Transactions?
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, and TM-51 etc. Fees: Rs.2,500/-To file a Notice of Opposition to...
View ArticleWhat are the Sources of Trade Mark Laws?
(1)The national statue i.e., the Trade Marks Act, 1999 and rules thereunder .(2) International multilateral convention.(3) National bilateral treaty.(4) Regional treaty.(5) Decision of the courts.(6)...
View ArticleWhat does the Register of Trade Mark Contain?
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...
View ArticleCan any Correction be Made in the Application or Register?
Yes. But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the...
View ArticleCan a Registered Trade Mark be Removed from the Register?
Yes. It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of...
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