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| A Trade Mark is a symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons. |
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| The object of Trade Mark is to deal with the precise nature of the rights which a person can acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to other sthe precise nature of infringement of such rights-and the remedies available in respect thereof. |
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| A good trademark should be easy to pronounce and remember if it is word mark. In case of a device mark -should be capable of being described by a single word / not descriptive and easy to spell. It should be appealing and not belong to the class of marks prohibited for registration that should satisfy the requirem - ents of registration. |
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Functions of a Trade Mark: |
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It identifies the product of its origin. |
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It guaranties its unchanged quality. |
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It advertises the products. |
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It creates an image for products. |
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Trademark is a major asset of any company. Hence ' trademarks management ' in an enterprise comprises two aspects: |
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Trademark Policy. |
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Trademark Protection. |
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Trademark policy is a marketing function. Normally the marketing personnel of an organization will take care of this trademark policy letter known as ‘Brand Management’. |
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Trademark protection is a legal function .In small enterprise one of the tasks of the legal department is to assure the protection of company's trademarks. In large enterprises there is need to create a specific department known as ‘Trademarks department’ which will look after the ‘Trademarks Management’. Trademark protection is a legal function. |
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Procedure to be followed before applying for registration |
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Before applying for registration it is desirable to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar by making a request on form TM-55. |
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A request can be made on form TM-54 with a prescribed fee to the Trade Marks Registry to obtain an official report to ascertain whether any identical or deceptively similar trade mark exists on the Register or pending for registration for the same goods or a personal inspection or search through the records of the Trade Marks Registry on may be done.
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An application in the prescribed form with govt. fee in one of the five office of the Trade Marks Registry located at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad depending on the place where the applicant resides or has his principle place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report issued. If it is found to be acceptable then it is accepted and advertised in the Trade Marks Journal to allow others to oppose the registration. If there is no opposition or if the opposition is decided in favour of the applicant then the mark is registered and a certificate of registration is issued |
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Full name and address of Applicant. |
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Specification of goods or services specified in terms of individual names. |
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Class; International Class of goods and services. |
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Mark-character, device, figure, three-dimensional mark, logo and/or color. |
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Prior use is not required to file an application. |
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Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is six (6) months. |
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Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation. |
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Certified copy of the application which is the basis of the Convention priority (if applicable) may be filed within three (3) months from the Indian filing date. |
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A clear print of the mark or 10 prints of color mark (not larger than 7cm x 7cm). |
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