Requirements For Registration Of Trade Marks
A trade mark shall not be registered in part a of the register. Unless it contains or consists of at least one of the following essential particulars, namely
- The name of the company, individual or firm represented in a special or a particular manner.
- The signature of the applicant for registration or some predecessor in his business.
- One or more invented words.
- One or more words having no direct reference to the character or quality of the goods and not being, according to its ordinary significations, a geographical name or a surname or a personal name or any common abbreviation thereof or name of the sect, caste or tribe in India.
- Any other distinctive mark.
A name, signature or word, other than such as fall within the descriptions in clauses a, b, c, and d of sub-section(1) shall not be registrable in part a of the register expect upon evidence of its distinctiveness.
A trade mark shall not be registered in part b of the register unless the trade mark in relation to goods in respect of which it is proposed to be registered is distinctive, or is not distinctive but is capable of distinguishing goods with which the proprietor of a trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in relation to use within the extent of the registration.
In determining whether a trade mark is distinctive or is capable of distinguishing as aforesaid, the tribunal may have regard to the extent to which
- A trade mark is inherently distinctive or is inherently capable of distinguishing as aforesaid;
- By reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish or is in fact capable of distinguishing as aforesaid.
Where an application is made for the registration of trade marks which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to date of application, the registrar may, require a consent in writing from the living person or of a legal representative of the deceased person to further proceed with the application for registration.
The Requirements For Filing The Trade / Service Mark Application In India
- Full name, address & nationality of applicants
- Description of trade mark, two prints if the trade / service mark is in label form
- List of all items / goods/ services to which the trade / service mark is applied or proposed to be applied for Date since used, if the trade / service mark is already being used in India
- List of countries with date, where the trade / service mark has already been applied for, if any Power of attorney
Trademark Registration Services
The requirements for filing the design application in India
- Full name, address and nationality of applicant / applicants
- Photographs / drawings of article showing different poses from all angles, six copies of each pose
- List of countries to claim priority. If any, where the application / applications for design has / have been filed, along with date and application number
- Power of attorney