Documents required for Trademark registration ?

To register a trademark in India, you will need to submit several documents, depending on the type of applicant (individual, company, startup, etc.) and the specifics of the trademark. Here’s a comprehensive list of documents required:


1. Basic Documents

  • Trademark or Logo: A clear representation of the trademark, whether it’s a logo, wordmark, or a combination. If it is a wordmark, you can simply type the name.
  • Applicant’s Details:
  • Individual/Proprietor: Name, address, and nationality.
  • Company: Name, registered address, and incorporation details.
  • Partnership Firm: Names of all partners, along with the address and nationality.

2. Power of Attorney (Form TM-48)

  • A signed authorization that allows your trademark attorney or agent to file the trademark application on your behalf. It must be duly signed by the applicant.

3. Nature of Business and Goods/Services Description

  • A detailed description of the goods or services for which the trademark is to be registered. Make sure to specify the class under the Nice Classification system.

4. Date of First Use of the Trademark (If Applicable)

  • If the trademark is already in use, you need to provide the date of first use along with proof of such use (e.g., invoices, advertising materials, or sales receipts). If the trademark is not in use, the application will be filed under the “proposed to be used” category.

5. Business Registration Proof (If Applicable)

  • Required for businesses, companies, or partnerships to validate their legal existence. Documents may include:
  • Company: Certificate of Incorporation and the Memorandum of Association (MoA).
  • Partnership Firm: Partnership Deed.
  • Sole Proprietorship: Business registration certificate or GST registration.

6. ID and Address Proof of the Applicant

  • For individuals or sole proprietors:
  • ID Proof: Passport, Aadhaar card, voter ID, PAN card, or driver’s license.
  • Address Proof: Utility bill, bank statement, or any official document with the address.
  • For companies or legal entities: Proof of the registered office address.

7. Certificate of Trademark Priority (If Applicable)

  • If you are claiming priority from a trademark filed in another country under the Paris Convention, you need to submit the priority document within two months of filing the application.

8. Startups and MSMEs (Micro, Small, and Medium Enterprises)

  • If the applicant is a startup or an MSME, you may need to provide a certificate of registration to avail of fee concessions.

Optional Documents

  • Affidavit of Use: If the trademark has been used before applying, an affidavit declaring the usage can be submitted, along with evidence.
  • Board Resolution (For Companies): If a company is applying, a board resolution authorizing a person to file the trademark application may be required.

Summary

  • Individuals/Proprietors: Personal ID and address proof, trademark representation, and business registration proof (if applicable).
  • Companies: Business registration proof, ID and address of an authorized signatory, trademark representation, and board resolution.
  • Partnership Firms: Partnership deed, ID proof of all partners, trademark representation, and business registration proof.

Would you like help with any specific aspect of these documents or need assistance in preparing them?

Procedure to register Trademark in India?

Registering a trademark in India involves several steps under the Trade Marks Act, 1999. Here is a step-by-step guide to the trademark registration process:


Step-by-Step Procedure for Trademark Registration in India:

1. Trademark Search

  • Objective: To ensure that the desired trademark is unique and does not conflict with any existing trademarks.
  • How to Conduct: The search can be done on the official Indian Trademark Registry website. This step helps to determine if similar marks are already registered or pending registration.

2. Filing the Application

  • Choose the Appropriate Class: Trademarks are categorized into 45 classes. Classes 1-34 are for goods, while classes 35-45 cover services. Choose the correct class relevant to your product or service.
  • Application Types:
    • Ordinary Application: For a single class of goods or services.
    • Multi-Class Application: Covers multiple classes in one application.
    • Collective Trademark: Used by a group or association.
    • Series Mark: For multiple variations of the same trademark.
  • Documents Required:
    • Name, address, and nationality of the applicant.
    • Trademark representation (logo or wordmark).
    • Description of the goods or services.
    • Power of Attorney (if filed through an attorney).
    • Proof of prior use (if applicable).
  • Filing Options: The application can be filed either online via the Trademark Registry’s official website or offline at designated Trademark Registrar offices.

3. Application Allotment and Receipt

  • Once the application is filed, the applicant receives an acknowledgment and a unique application number. The trademark symbol can now be used with the mark.

4. Trademark Examination

  • The application is examined by a Trademark Officer to check for compliance with regulations and to ensure there are no conflicts with existing trademarks.
  • The officer may issue an examination report if there are objections, which could be based on various grounds such as similarity with an existing mark or being descriptive.

5. Response to Examination Report (If Applicable)

  • If the examination report raises objections, the applicant has the opportunity to respond with justifications, evidence of use, or legal arguments. This must be done within a specified time, usually one month from the receipt of the report.
  • A hearing may be scheduled if the Trademark Officer requires further clarifications.

6. Publication in the Trademark Journal

  • If the application clears the examination or the objections are successfully resolved, the trademark is published in the Trademark Journal.
  • The mark is open to public opposition for four months from the date of publication. If no opposition is raised, the application proceeds further.

7. Opposition Proceedings (If Applicable)

  • If any third party files an opposition, the applicant must respond to the opposition notice, and both parties may need to present evidence and attend a hearing.
  • The Registrar makes a decision based on the proceedings.

8. Trademark Registration and Certificate

  • If no opposition is filed, or if the opposition is resolved in favor of the applicant, the trademark is registered, and a Trademark Registration Certificate is issued.
  • The registered trademark symbol ® can now be used with the mark.

9. Renewal

  • The trademark is valid for 10 years from the date of registration. It can be renewed indefinitely every 10 years by paying the required renewal fee.

Cost of Trademark Registration

  • The fee varies based on the applicant’s type (individual, startup, or corporate entity) and whether the application is filed electronically or physically.
  • Concessions may be available for small enterprises and startups.

Points to Remember

  • Engaging a trademark attorney can be helpful in navigating objections or oppositions.
  • The process typically takes several months to over a year, depending on objections, oppositions, or other complexities.

Let me know if you need guidance on a specific part of the registration process or assistance with any documents!

What is Trademark Law in India ?

Trademark law in India is governed primarily by the Trade Marks Act, 1999, which provides a framework for the registration, protection, and enforcement of trademarks in the country. The law is administered by the Controller General of Patents, Designs, and Trademarks, operating under the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry.

Key Aspects of Trademark Law in India:

  1. What Can Be Trademarked?
  • Words: Including brand names, slogans, or taglines.
  • Logos: Symbols or graphical representations.
  • Shapes: Distinctive shapes of products or packaging.
  • Colors: A specific combination of colors.
  • Sounds: Unique sound marks, like jingles.
  • Smells: Although rare, distinct smells can be trademarked.
  1. Trademark Registration Process
  • Filing an Application: An application for registration can be filed either online or in person. It can be filed by an individual, a company, or a legal entity.
  • Examination: The trademark office examines the application to ensure it does not conflict with existing trademarks.
  • Publication: If approved, the trademark is published in the Trademark Journal to invite any objections from the public.
  • Opposition: If no opposition is filed within four months or if any opposition is successfully resolved, the trademark proceeds for registration.
  • Registration Certificate: Once registered, the trademark owner receives a certificate, granting exclusive rights to use the trademark.
  1. Duration and Renewal
  • A registered trademark in India is valid for 10 years from the date of application.
  • It can be renewed indefinitely every 10 years.
  1. Rights of Trademark Owners
  • Exclusive rights to use the trademark in connection with the goods or services it is registered for.
  • The ability to take legal action against anyone who uses the trademark without permission.
  • The right to transfer or assign the trademark to another entity.
  • The right to license the trademark to third parties.
  1. Trademark Infringement and Remedies
  • Infringement occurs when an unauthorized party uses a trademark that is identical or deceptively similar to a registered trademark.
  • Remedies include civil action (like injunctions, damages, and delivery of infringing goods for destruction) and criminal penalties in some cases.
  • India also recognizes the concept of passing off, which protects the goodwill of unregistered trademarks.
  1. Well-Known Trademarks
  • The law recognizes “well-known trademarks” that have established a reputation in India and offers them broader protection, even if they are not registered in every class of goods or services.

Trademark Symbols

  • : Used to indicate that a symbol or word is being claimed as a trademark but is not yet registered.
  • ®: Used to denote a registered trademark.

International Treaties and Agreements

India is a member of several international trademark agreements, including:

  • Madrid Protocol: Facilitates international trademark registration.
  • Paris Convention: Provides for the protection of industrial property, including trademarks.

Let me know if you need more specific information on trademark disputes, filing classes, or case studies related to Indian trademark law!

What is a Trademark ?

A trademark is a type of intellectual property consisting of a recognizable sign, design, word, phrase, or symbol that identifies and distinguishes the source of goods or services of one party from those of others. Trademarks help consumers identify and choose products or services based on brand reputation and quality.

Key Points About Trademarks:

  1. Examples: Logos (like the Nike swoosh), brand names (such as Coca-Cola), slogans (“Just Do It”), or unique packaging (like the shape of the Coca-Cola bottle).
  2. Types of Trademarks:
  • Word Mark: Protects the text of the brand name or slogan.
  • Design Mark: Protects logos and stylized text.
  • Sound Mark: Covers unique sounds associated with a brand (e.g., the MGM lion’s roar).
  • Trade Dress: Refers to the visual appearance of a product or packaging that signifies its source.
  1. Registration: Trademarks can be registered with the appropriate government office (For India IpIndia) for stronger protection. However, unregistered trademarks may still receive some legal protection under common law.
  2. Duration: Registered trademarks can last indefinitely as long as they are actively used and renewed periodically.
  3. Infringement: Using a trademark without permission in a way that causes confusion among consumers is considered trademark infringement, which can lead to legal action.

Trademarks are essential for protecting brand identity and ensuring that consumers are not misled about the source or quality of products and services.

Subject land was designated as a Panchayat Ghar however, later it was re-assigned for residential use and allotments were made to allottees including appellants (writ petitioners in High Court)u/s.122-C, Uttar Pradesh Zamindari Abolition and Land ReformsAct. Proceedings for cancellation of the allotments were initiated based on the report of the Lekhpal which was undisputedly after13 years from the date of allotment. Since, there is no limitation fixed for initiation of the proceedings under the aforesaid Act,whether such initiation of the proceedings can be at any length of time or at any point of time where no limitation is prescribed.Whether any fraud was committed by the writ petitioners or was attributed to them under the show cause notices.

Held: This Court had an occasion to consider similar issue namely
the exercise of suo moto power u/sub-section (4) of s.50-B of Andhra
Pradesh (Telangana Area) Tenancy and Agriculture Lands Act, 1950
in Ibrahimpatnam Taluk Vyavasaya Coolie Sangham v. K. Suresh
Reddy [2003] Supp. 2 SCR 698, wherein it was held that suo moto
power should be exercised within a reasonable period even in case of
fraud and within a reasonable time from the date of discovery of fraud
and it depends on facts and circumstances of each case – Further,
in sub-section (4) of s.50-B, AP Act, the expression “the collector
may, suo moto at any time;” is occurring while such expression is
conspicuously absent in sub-section (6) of s.122-(C) of UPZALR

Act – Furthermore, the report or the communication of the Lekhpal
forwarded to the Tehsildar does not even suggest or indicate any
fraud having occurred or alleged against writ petitioners – However,
the Tehsildar in the report submitted to the District Magistrate, on
the basis of certain presumed irregularities concluded that allotment
was irregular and approval of allotment was on the basis of forged
signature of Sub-District Magistrate – Although, the basis of such
conclusion namely signature of the Sub-District Magistrate having
been forged was not specified – No allegation of whatsoever nature
was attributed to the allottees of they having forged the signature/s
– In the facts and circumstances of the present case, no fraud was
attributed to the writ petitioners in show cause notices – Impugned
order of the High Court; the order passed by the Additional Collector
which held that proceedings for cancellation could be started at any
time as well as the order passed by the Additional Commissioner,
(Administration) Moradabad Division are unsustainable and set
aside. [Paras 13, 15-17, 19]

[2024] 6 S.C.R. 287 : 2024 INSC 430

Matter pertains to the right of the legal heir of Hindu widow to enforceher right of succession in the unpartitioned Joint Hindu Familyproperty by virtue of s. 14(1) of the Hindu Succession Act, 1956.

Hindu Succession Act, 1956 – s.14(1) – Property of a female
Hindu to be her absolute property – Right of the legal heir
of Hindu widow to enforce her right of succession in the
unpartitioned joint hindu family property by virtue of s.14(1),
when neither the widow nor her legal heir in possession of
the suit land:
Held: For establishing full ownership on the undivided joint family
estate u/s. 14(1), the Hindu female must not only be possessed
of the property but she must have acquired the property and such
acquisition must be either by way of inheritance or devise, or at
a partition or in lieu of maintenance or arrears of maintenance
or by gift or be her own skill or exertion, or by purchase or by
prescription – On going through the pleadings in the Revenue
suit for partition filed by legal heir, it is clear that that the widow
or the legal heir himself were never in possession of the suit
property – As a matter of fact, the suit was filed by pleading that
the suit property was a joint Hindu family property and appellantbeneficiary of the unpartitioned estate by way of Will, had consented
to give half share of the suit property to the legal heir on his
demand – This assertion was denied by appellant – Widow was
never in possession of the suit property because the civil suit
was filed by her claiming the relief of title as well as possession
and the same was dismissed and she was held only entitled to
receive maintenance from the undivided estate – This finding of
the civil Court was never challenged – Since, widow was never
in possession of the suit property, as a necessary corollary the

Revenue suit for partition claiming absolute ownership u/s. 14(1)
could not be maintained by her adopted son, plaintiff by virtue
of inheritance – Thus, the impugned judgments restoring the
judgment and decree of the Revenue Court that the plaintiff being
the sole legal heir of the widow has coparcenary rights over the
lands belonging to widow’s husband, cannot be sustained and
are set aside

[2024] 6 S.C.R. 298 : 2024 INSC 428

The new provision of 498A in BNS ?

THE BHARATIYA NYAYA SANHITA, 2023 has section 85 and 86 which are corresponding to the old Indian Penal Code.

The same is reproduced here for speedy reference :

  1. Whoever, being the husband or the relative of the husband of a woman, subjects
    such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
  2. For the purposes of section 85, “cruelty” means—
    (a) any wilful conduct which is of such a nature as is likely to drive the woman
    to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
    (b) harassment of the woman where such harassment is with a view to coercing
    her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

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