What are Trademarks?
A trademark (or trade mark) is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. In India, trademarks are registered under the Trade Marks Act, 1999.
A trademark can be a word, name, logo, device, brand, heading, label, ticket, signature, numeral, shape of goods, packaging, or any combination of colors. It serves as a badge of origin, identifies the source of goods or services, and provides legal protection for the brand.
What Cannot be Registered as a Trademark?
The Trade Marks Act, 1999, lays down absolute and relative grounds for refusal of registration. A mark cannot be registered if it:
- Lacks any distinctive character (i.e., it is generic or descriptive).
- Consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or time of production.
- Is likely to deceive the public or cause confusion.
- Contains matter likely to hurt the religious susceptibilities of any class of citizens.
- Contains scandalous or obscene matter.
- Is identical or confusingly similar to an earlier trademark for similar goods or services.
- Is identical or similar to a well-known trademark in India.
Trademark Offices in India
The Trade Marks Registry (TMR) operates under the Controller General of Patents, Designs and Trademarks. Applications are processed at five main offices based on territorial jurisdiction:
Mumbai (Head Office)
Jurisdiction: Maharashtra, Madhya Pradesh, Chhattisgarh, and Goa.
Kolkata
Jurisdiction: Arunachal Pradesh, Assam, Bihar, Odisha, West Bengal, Manipur, Mizoram, Meghalaya, Nagaland, Tripura, Jharkhand, and Sikkim, and the Union Territory of Andaman and Nicobar Islands.
Chennai
Jurisdiction: Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Puducherry and Lakshadweep.
Delhi
Jurisdiction: Jammu & Kashmir, Ladakh, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Rajasthan, and the Union Territories of Delhi and Chandigarh.
Ahmedabad
Jurisdiction: Gujarat and Rajasthan, and the Union Territories of Daman & Diu and Dadra & Nagar Haveli.
Trademark Lifecycle Flowchart
1. Filing
File application (Form TM-A). Vienna Codification (for logos).
2. Examination
Examiner checks for distinctiveness & conflicts. Issues Examination Report.
3. Publication
If accepted, mark is published in the Trade Marks Journal for 4 months.
4. Registration
If no opposition (or opposition fails), mark is registered and certificate issued.
5. Renewal
Registration is valid for 10 years. Renewable indefinitely for 10-year periods.