Trademark Registration in India!!!

Posted by Nick Niesen on October 27th, 2010

A trademark is any word , letter, symbol or a combination of all these which is used on the product in order to differentiate it from the product of another manufacturer. The trademark is a distinctive mark of the producer and is useful for marketing the product. Trademarks can be registered by any person so as to gain exclusive rights over its usage. For gaining such exclusive rights the person needs to first register the trademark with the concerned authorities. India like all countries has certain rules for trademarks registration in India.

There are five offices across India for registration of trademarks and these are located at Mumbai, Chennai, Kolkota, Ahmedabad and Delhi. A person can submit the application for registration of trademark to any of the offices depending upon where he resides and where the office of the business is located. For the purpose of trademarks registration in Chennai , one has to submit the application in the prescribed format alongwith the fees to the office of the Deputy Registrar of Trademarks. All details for the registration of trademarks at Chennai may be obtained from the Office of the Deputy Registrar of Trademarks , Trade Marks Registry, Rajaji Bhavan , Chennai.

How to file trademark application in India
All matters related to trademarks is governed by The Trade Marks Act, 1999. It is advisable to conduct a good survey of trademarks before submitting the form for registration as it can be rejected in case there is a similar trademark already existing. The procedure for the registration of a trademark involves the filing of the application in the prescribed Form TM-1 alongwith the prescribed fee of Rs. 2500/-. The next step would involve the processing of the application by the concerned authorities to ascertain the validity of the mark . If it is found that no similar trademark exists and that the application can be approved then it is published in the Trade Marks Journal for others to contest. If it is found that nobody has contested the mark , then it is approved and a certificate is issued to validate it. If under any circumstances the application is rejected the applicant still has some hope left as he can make an appeal to the Intellectual Property Appellate Board.

The term ?TM? written on a product signifies that the particular trademark is registered and is protected under the law. After a trademark is registered the owner must see to it that he renews it regularly (validity is only for a period of 10 years) . The registration of a trademark only provides protection in India and does not hold good in any foreign country. For protection of a trademark the owner must register it in that particular country.

Registering your trademark is a good idea as your customers identify or distinguish your product from those of another producer through the trademark . Therefore, it would be advisable to get legal protection to protect your identity.