Frequently Asked Questions about Trademark in India
August 18, 2018
Biswajit Sarkar - IP Law Firm India
Post time: 2:59 am
What is a Trademark?
- A trademark is known as a Brand mark in layman’s language. It is an unique markrepresented graphically creating identity of goods or services of one person from those of others and may include shape of goods, their packaging, colors or any combinations thereof.
Is the registration of trademark mandatory in India?
A: No, it is not mandatory in India but it is beneficial to do so.
How to select a good trademark?
A:If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Avoid selection of a geographical name, any person’s name or surname because no one is entitled to have monopoly rights over these. Avoid adopting words that describe the quality of goods
It is advisable to conduct a trademark search to ascertain if same/similar mark are being used in market.
What are different types of trademarks that may be registered in India?
A: The different types of mark are:
- Product Mark
- Service Mark
- Collective Mark
- Sound Mark
- Shape Mark
- Smell Mark
- Certification Mark
- Pattern Mark
Can I apply for a trademark in black & white, as well as in color?
Yes. You can do so. However, if you apply in black and white, then you can use your trademark in any color.
What are the benefits of registering a trademark?
A:The registration of a trademark ensures exclusive rights for the owner to use the trademark in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.
What are the formalities and government fees for major trademark transactions?
A:There are two ways to file an application to the Trademark Registry Office. It can either be applied online or offline. The fee differs for both the kind of application.
For E-Filing:
| No. | Payable on | Statutory Fee
[INR] |
Statutory Fee [INR]
(For Startup/Individual/SME) |
| 1. | Trademark Application | 9000 | 4500 |
| 2. | Expediting registration [Optional] | 40000 | 20000 |
| 3. | Amendment to the application [for example change of address] | 900 | 900 |
| 4. | Notice of opposition | 2700 | 2700 |
| 5. | Response to a notice of opposition | 2700 | 2700 |
| 6. | Request for extension time | 900 | 900 |
| 7. | Trademark Renewal | 9000 | 9000 |
| 8. | Renewal within six months after the expiration of the last registration of the trademark | 4500 | 4500 |
| 9. | Restoring a trademark that has been removed from the register | 9000 | 9000 |
What is the validity of a trademark registration?
A: Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely with consistent payment of the renewal fees.
Can a three-dimensional mark be registered?
A: Yes, a three-dimensional mark can be registered.
What are the grounds for refusal of registration of trademark?
A: Section 9 of the trade marks act, 1999 provides absolute grounds and section 11 provides relative grounds for refusal of registration of India
However, if a non-distinctive mark acquires a distinctive identity in the market due to prolonged use or business growth, then the restriction of section 9 ca be waived on such mark.
When can the ™ symbol be used in India?
A: Using this symbol with your trademark simply ascertainsyour proprietorship of the trademark. There is no prohibition on the use of the symbol ™ in India.
What are the penalties for infringement of trademark in India?
A: The penalty for infringement of trademark in India is an imprisonment of minimum of six months and maximum of three years and with a fine not less than Rupees Fifty Thousand and not more than Rupees Two Lakh.
