Trademark is a sign used by Individual or businessmen or traders to differentiate their services and goods from others. A sign may be a Word, label, slogan, title, colour, or a heading etc. It basically indicates origin of trade and is an effective tool of marketing the services and goods of a trader. There are different steps with a specific end goal to register a mark the first being the filing of an application. Under Trademark Act, 1999
Section 18 of the Trademark Act, 1999 provides for the process and application for registration of Trademark in India and further outline that application for the registration has to be filed with the registrar and a single application can be filed for different classes of goods and services by paying an essential fee for each sub class of goods and services.
Trademark applications can be filed in India under the following divisions:
- Ordinary Trademark Application: This application is filed only for a single class of goods and services. The application is filed in FORM TM-A along with an essential fee as mentioned in the Trademark Rules, 2002.
- Convention or Priority Trademark Application: This application is filed for the registration of trademark demanding preference from a convention or representative country. Section 154 of the Trademark Act, 1999 provides for the lawful arrangements relating to applications from the citizens of convention countries.
According to Section 154 if an application for the registration of trademark is made in a convention country and within 6 months of filing the same, if an application for the registration of trademark is made in India than the date of registration will be deemed to be the date on which the application was filed in the convention country.
A convention trademark application is filed in FORM TM-2 for a single class of goods and service, and FORM TM-52 for more than one class of goods and services.
- Multiclass Trademark Application: This application is filed for the goods and services of more than one class. The application is filed in FORM TM-51 which further provides for the filing of a single application for different classes of goods and services.
- Series Trademark Application: This application is filed for the series or family of a mark which involves a string of marks with an aim of having a specific unmistakable fixing capacity as a state of recognizable proof for the applicable public.
- Collective Trademark Application: This application is filed to serve the distinguished characteristic of the goods and services which are provided by the enterprises or belongs to a group or association of persons. According to Section 63 (1) of the Trademark Act, 1999 this application is filed in FORM TM-3 along with the essential fee in order to govern the use of the mark. Further, if the applicant wishes to apply for the mark under more than one class then FORM TM-66 is to be filed.
- Certification Trademark Application: This application is filed in order to convey passes on the message that the goods and services have been analyzed, tried or somehow ensured by a free association that does not exchange those products or give the services, by techniques dictated by the owner of the certification mark to demonstrate or ensure certain particular attributes or quality. According to Section 71 (1) of the Trade Mark Act, 1999 the application is to be filed in FORM TM-68 or FORM TM-69 along with an essential fee.
The filing of trademark is necessary because it helps general public to distinguish between various brands and helps them find and choose the one they are looking for. For a detailed Legal Advise on how to Register a Trademark in India contact Company Vakil, their Team of Legal Experts would be happy to help you get the same at most affordable prices.