The process of registration of trademark gets initiated with the filing of a Trademark Application before the appropriate office of the Registrar of Trademark. The trademark application can been filed as an ordinary trademark application in Form No. TM-1 with a prescribed fees of Rs. 4,000/- for application in one class. If a TM application is to be filed in multiple classes, then said fees of Rs. 4,000/- to be paid for each such class. However, by paying 5 times of the normal filing fees.
The expedited examination of trademark application can be requested in Form No.63 wherein the applicant had to give specific reasons as to why the application should be examined on fasttrack basis. Based upon the submission in the fast track application if the registrar is convinced he may order an expeditious examination of trademark application. The examiner of trademarkshall therefore examine the mark and issues an examination report within a period of 3 months.
In common language trademark is the identity of the business. General public and people in connection with the trade identifies with trade mark the origin of the goods and services. It could be name, logo, symbols, device or a combination of them.
Now, due to recent changes we have only five categorizations at the time of making trademark application. These are:1. Word Mark 2. Logo 3. Device Mark 4. Small Mark 5. Taste mark
Filing for trademark registration is strongly advised as it is first the first step towards protecting the identity of your business. It establishes your claim of ownership of that mark and gives you the exclusive right to use the mark on or in connection with the trade or provision of services for which the mark has been filed.
In trademark goods and services are categorized into several class on the basis of nature of goods, functionality and activities. A business can do several activities and a trademark application provides protections to those activities of a business which falls into the particular class & its description for which trademark application is made. Thus if the nature of activities of a business falls into different classes different application has to be filed to seek protection of the trade mark for those activities. For instance, a business is into sale, erection and maintenance of sewing machinery it is required to file two trademark application at least. These are as under: Class 7- Sewing Machinery Class 37- Erection, installation and maintenance of machine
A trade mark once registered will be valid for a period of ten years. The said period of ten years will be counted from the date of filing trade mark application not from the date when the mark is registered.
Yes, a trademark can be transferred from one person to another. The process fee of transfer will differ as per the status of the mark. Both registered as well as unregistered mark can be transferred.