ONLINE TRADEMARK REGISTRATION COIMBATORE

ONLINE TRADEMARK REGISTRATION

 Classification of goods and services –

(1)  The Registrar shall classify goods and services as far as may be, in accordance with the International Classification of goods and services for the purposes of  Online Trademark Registration

(2) Any question arising as to the class within any goods or services falls shall be determined by the Registrar whose decision shall be final.

Registrar is required to classify goods and services in accordance with the International classification for the purpose of  Online Trademark Registration and his decision is final.

Publication of alphabetical index –

(1) The Registrar may publish in the prescribed manner an alphabetical of classification of goods and services referred to section 7.

(2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall be determined by the Registrar in accordance with sub-section (2) of section 7.

Absolute grounds for refusal of registration –

(1) The Trade Marks –

(a) Which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) Which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c)  Which consists exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade,

Shall not be registered:

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

We provide the service of trademark registration, Online Trademark  Registration, brand registration, logo registration, copyright registration, Patent Registration,  private limited company registration, LLP registration, OPC Registration, service tax registration, SSI registration, ISO Certification,  sales tax registration, digital signature certificate in Coimbatore at low cost.

TRADEMARK REGISTRATION IN COIMBATORE

Effect of registration of a mark –

 When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole.

When a trade mark Contains any part –

(i)                 Which is not the subject of a separate application by the proprietor for registration as a trade mark; or

(ii)               Which is not separately registered by the proprietor as a trade mark; or

 

  Contains any matter which is common to the trade or is otherwise of a non-distinctive character the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.

If a trade mark consists of several matters, its registration shall confer exclusive right on the proprietor to use the trade mark as a whole.  But when a trade mark contains any part which is not subject of a separate application or which is not separately registered by the proprietor, or contains any matter which is common to the trade mark or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered

TRADEMARK REGISTRATION

Procedure for an international application under the Madrid Protocol:

Trademark registration,  Upon India is a signatory to the Madrid Protocol, the applicant, while making an international application to the National Office on Form MM2, may select from the list of the member countries where he seeks the protection of the mark. brand registration,  trademark, trademark registration, trademark application trademark search, trademark fees, online trademark search, domain name,

 global trademark registration The application form may be filled out in English, French or Spanish and is subject to the payment of a basic fee, the complementary fee for each designated Contracting Party (member country) and a supplementary fee for each class of goods and services. Such fee may be payable to WIPO directly or the Office of Origin which may charge an additional handling fee, and thereafter the following procedure will be followed-logo registration,

1. The Office of Originators in the country of origin examines whether the international application corresponds to a mandatory basic application or basic registration and complies with home state requirements.

A Basic application defined under Section 36 B (b) of the Trade Marks (Amendment) Act, 2010 is an application for registration of a trademark filed under Section 18 of the Act, and which is used as a basis for applying for an international registration. Basic registration defined under Section 36 B (c) is the registration of a trademark under Section 23 of the Act, and which is used as a basis for applying for an international registration.

The Office of origin must certify that under Article 3 (1) of the Protocol the mark is the same mark as that in the basic registration, or basic application, certify the initial date on which it received the request to present the international application.

2. The application should be received by the International Bureau from the Office of Origin [Article 3 (4) of the Protocol] within two months of that initial date of receipt of the application by the Office of Origin, that initial date will be the date of the international registration. The International Bureau examines that the international application complies with the requirements of the Madrid Agreement or Protocol, Common Regulations concerning the implementation of the Protocol, the indication of goods and services and their classification, required fee payment and other basic administrative requirement.

The International Bureau informs the Office of origin and the applicant of any irregularities; these must be removed within three months, otherwise the application will be considered abandoned. On successful examination the International Bureau then Records the mark in the International Register, publishes the mark in the Gazette, and notifies each contracting party or member country that are the designated countries listed in the application, asking for their consequent approval, and granting of registration.

3. On further examination of the Office of a Contracting Party in the exact procedure adopted for a direct national application, if grounds for objection are found during the ex officio examination, or if an opposition is filed, the Office can declare a provisional refusal (within 18 months of receipt of the application’s notification from the International Bureau for India) for protection of the mark in that member country.

International Trademark Registration

Process of International Registration Under Madrid Protocol

An international application may be made under Madrid Protocol by any person or entity that has an active trademark application or a valid trademark registration in India. Upon making an international application, the trademark is entered into the International register of trademarks pursuant to which subsequent filings are facilitated in any of the member countries. While the international application is dependant on the validity of the trademark in India for the first five years, the mark is entered into the International Register within 3-10 months of such application. Simultaneously, upon application the mark is processed for filing in the member countries specified in the application which can be made at the time of filing the International Application or at a later stage. Once processed for filing in the member countries, the application proceeds for registration based on conditions prevalent in each member country within 18 months.

Advantages of filing an International Application under Madrid Protocol

• Eliminates high filing costs involved in individual country filings;
• Eliminates the requirement and costs of a foreign attorney at the time of international filing;
• Lower costs involved in amendments/post registration maintenance and renewal;
• Time for grant of registration restricted to a maximum of 18 months (if no oppositions)
• Registration in each applied country is processed independently;
• Date of Indian filing may be claimed as priority date if Madrid Protocol filing is done within 6 months of the Indian filing. In other cases, Madrid Protocol filing can be done but priority cannot be claimed; and
• Application can be made for registration in additional countries at any later stage once international application is made

Madrid Protocol, if rightly used, may bring about much needed convenience and cost savings for Indian applicants looking to file trademarks in foreign jurisdictions.

 

 

 

 

INTERNATIONAL TRADEMARK REGISTRATION

MADRID SYSTEM FOR THE INTERNATIONAL REGISTRATION OF MARKS (THE MADRID SYSTEM):

The Madrid System functions under the Madrid Agreement (1891) and the Madrid Protocol (1989). It is administered by the International Bureau of the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. The system enables the registration of trademarks in multiple jurisdictions worldwide that are part of Madrid Union’s 91 member countries by filing a single application in the Applicant’s national trademark office, or regional trademark office.

What is Madrid Protocol

The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total of ninety one Contracting parties that are members of the Protocol. The list of members of the Madrid Protocol may be accessed here.

Process of International Registration Under Madrid Protocol

An international application may be made under Madrid Protocol by any person or entity that has an active trademark application or a valid trademark registration in India. Upon making an international application, the trademark is entered into the International register of trademarks pursuant to which subsequent filings are facilitated in any of the member countries. While the international application is dependant on the validity of the trademark in India for the first five years, the mark is entered into the International Register within 3-10 months of such application. Simultaneously, upon application the mark is processed for filing in the member countries specified in the application which can be made at the time of filing the International Application or at a later stage. Once processed for filing in the member countries, the application proceeds for registration based on conditions prevalent in each member country within 18 months.

Trademarks are world over known to constitute words, names, letter, numeral, graphical representations in the form of shape/ configuration of goods, labels, logos, packaging, combination of colors, etc. with respect to goods or services, that are capable of distinguishing the goods or services of one person from those of another. Unregistered trademark rights accrue from common law creating a passing off right of action that must be established through priority date of first use along with continuous use over a period of time.

Although trademark registration is not compulsory in India, a major advantage of registration is that it confers a statutory monopoly and constitutes prima facie proof or evidence in the eyes of law towards the creation of an exclusive right in favor of the owner of the trademark. Infringement action under The (Indian) Trademarks Act, 1999, can be pursued only for a registered trademark.

The Trade Marks (Amendment) Act, 2010 passed on 21.09.2010, the Madrid Protocol into force in India, once it is notified. This will enable applicants to make a single international application for trademark registration across numerous countries granting widespread trademark protection rights.