Main requirements of a Trade Mark are:
1. It must be distinctive (either inherently or acquired distinctiveness) and
2. It must not be deceptive.
Therefore while selecting a trademark, words that are generic, laudatory or directly descriptive of the goods, common surnames or geographical names should be avoided as these confer weaker protection to the proprietor even if registered. Prima facie, a word having a direct reference to the character or quality of goods is not registrable. However it is registrable, if it has acquired distinctiveness through long and continuous use. Under Indian Trademarks law more significance has been given to “use” of the mark than “filing of application towards registration”.
On the basis of filing, the Trademark Applications in India can be classified under two categories depending upon their priority claim:
1. Ordinary trade mark application without any priority
2. Conventional trade mark application- has to be filed within 6 months from date of filing of conventional application.
In case of conventional trademark application, certified copy of the priority document has to be filed within 2 months from the date of filing of application in India. Besides above trademark applications, there are also certification trademarks and collective trademarks that are registrable in India
Trademark filing requirements in India: Specimen of the trademark in JPEG• For shape of goods 3-5 different views ( top, bottom, left side, right side and front view)
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
2. International Class
3. Description of goods or services as per NICE Classification (Now, there is no limit as to the specification of goods or services)
4. User date in India or proposed to be used (where used is claimed, an affidavit in support of use must be filed with the application)
5. Details of priority, if any, including application number, date of filing and country of filing
6. Translation and transliteration in English, if mark is not in Indian language
7. Power of authority has to be stamped as per Indian Stamps Act and must be filed along with the application (Notarisation or legalisation is not mandatory)
Trademark Registration in India: Following stages are ordinarily encountered while registering a trademark in India:
1. Filing of trademark application in India and issuance of fee receipt with application number
2. Examination within 1-2 months; either accepted or objected.
3. Where objected; peplying to official letter within 30 days if required and attending show cause hearing, if required
4. If accepted or if objections are waived advertisement in Journal
5. Opposition, if any, within 4 months from date of publication of the application
6. Registration of Trademark, if no opposition if filed or is set aside
7. Issuance of Registration Certificate by email
Duration of Registration and Renewal of Trademark: The duration of registration of a trademark is 10 years from the date of filing of application in India and is further renewable for every 10 years thereafter.