What is a Trademark?
The Trademark Act, 1999 under Section 2 (zb) defines “trade mark” as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours…”
Essentials for Trademark:
The Trademark should be capable of distinguishing goods or services of one person from that of the other.
The Trademark is capable of being represented graphically.
TM in India by Foreign Nationals
In Indian, the trademark Act provides a similar protection to a foreigner or a foreign company in the similar was as that of a Indian Company.
This complies to get some needs before the Indian TM office in order to avoid any duplication by others. If a foreign company intents to start its business activity in India, it is recommended to file a Trademark application for the points below.
The Domain name
How to register a trademark in India
Totally there are two ways that are available for a Trademark Application in India by a Foreign Company
Direct Application: By engaging a Trademark Attorney in India, a Foreign Company can easily file a Trademark Application in India before the Indian Trademark office and can obtain protection in India. This the most simplest and cost effective way too.
Procedure for the same
Spot Indian TM Attorney
Conduct the TM search
Examination & reply
Opposition task (if any)
Madrid Protocol: The Madrid Agreement governs the international trademark registration under which a mark can be registered in multiple countries.
To what extent a Foreign Trademark Registrations recognised in India?
A Trademark application for registering a similar or identical mark by the same applicant;
Infringement & passing-off actions is one of the extent a indian recognised Foreign TM.
What is the procedure for filing an international trademark application by way of Madrid Protocol
The Basic Mark: The Basic application is noting but the application filed in the home country. This application need to be filed along with the international trademark application.
Certify the Mark: On e the international application is filed before the origin county’s Trademark office, the application will be forwarded to WIPO after certifying the international application.
Examination by WIPO: The World Intellectual Property Organisation examines the international application and publish the same in the WIPO Gazette.
Certification by WIPO: Once the examination process is successfully crossed, the WIPO will issue a certificate of registration and notify the same to the IP offices where the applicant sought for protection.
Substantive Examination: The Indian trademark offices (where the applicant sought for protection) will conduct a further substantive examination. If the Indian patent office satisfies and found that there is no deviation in the application, it shall grant the Protection in India.
The documents required from a foreign citizen/company to file a trademark
Authorisation for Trademark Attorney
Details of Home country’s application
The legal rights that are established to registered trademarks?
A registration acts as a prima facie evidence of its ownership;
it provides a statutory protection in India against duplication;
it helps to prevent others from using your Registered Trademark