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A trademark (popularly known as brand name) in layman’s language, is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

• The selected mark should be capable of being represented graphically (that is in the paper form).
• It should be capable of distinguishing the goods or services of one undertaking from those of others.
• It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

If it is a word, it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.). It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

What is the function of a trademark?

Under modern business condition a trademark performs four functions

• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.

• The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder.
• International multilateral convention.
• National bilateral treaty.
• Regional treaty.
• Decision of the courts.
• Office practice reduced in Manuals and guidelines and rulings of the Courts
• Decision of Intellectual Property Appellate Board.
• Text books written by academician and professional experts.

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks. The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same. The Purchaser and ultimately Consumers of goods and services get options to choose the best.

For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered

• For Renewal of a Regd. trademark (Form TM-12) Fees: Rs.5,000/-
• Surcharge for belated renewal (Form TM-10) Fees: Rs. 3,000/-
• Restoration of removed mark (Form TM-13) Fees: 5,000/-
• Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
• Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
• Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

TM is a symbol used to indicate that the trademark is unregistered, but the mark is being used to promote goods. It can be used for marks for which the registration process has not been initiated, asserting a claim of ownership for the mark.

To understand the remedies for the refusal of the application, it is essential to know the grounds on which the Trade Mark Application was rejected. For this purpose, the applicant should request a copy of the grounds for refusal. Once the copy is received, within 30 days of the refusal notice, the applicant can file a review petition.

Section 127 (C) of the Trade Marks Act 1999 empowers the Registrar, on an application made in the prescribed manner, to review their own decision regarding the registration. This review application must be filed in form TM-M within one month from the date of the application or within an additional one month as allowed by the Registry. The review application should be accompanied by a statement setting out the grounds for the review.

The review of the decision is generally considered by the same officer who passed the initial decision. After giving the parties an opportunity for a hearing, the Registrar will then dispose of the review petition, either allowing the trademark to be advertised in the journal or maintaining the refusal.

If the applicant is still unsatisfied with the outcome, they can appeal to the Intellectual Property Division of the High Court.

The types of trademarks in India are as follows:

1. Any name that also includes the personal or surname of the individual or the predecessor of the business, which is not unusual for the trade to adopt as a trademark.
2. All inventive words or any arbitrary dictionary word or words, that are not directly descriptive of the character or quality of the goods/services.
3. Letters or numbers or any combination of the two.
4. The right to proprietorship of a trademark can be acquired by either registration of the trademark or by using it for particular goods and services.
5. Devices, fancy devices, and symbols.
6. Monograms
7. Combination of colors and even a single color in combination with a word or device.
8. The shape of goods or their packaging.
9. Marks that constitute a three-dimensional sign.
10. Sound Marks, represented in a graphical notation.

No, you cannot get a name, logo, or tagline registered under a single application, as the Registrar considers each element separately. Therefore, separate applications are required for each of them. For example, even Nike has its logo, name, and tagline registered under different applications.

A brand name, logo, or trademark is considered intellectual property and plays a crucial role in distinguishing the goods and services of one brand from another. To protect a logo as a trademark in India, it should meet the criteria defined under Section 2 (zb) of the Indian Trade Marks Act, 1999. According to this definition, a trademark must be capable of being represented graphically and should have the ability to distinguish the goods or services of one entity from those of another. It may include various elements like the shape of goods, packaging, or even combinations of colors.

When a trademark is protected, it grants the owner the ability to prevent unauthorized use of their brand and take legal action in cases of trademark infringement. It is essential to understand that trademarks are not limited to brand names or slogans; they also provide protection to the logo itself, including its elements such as the name, fonts, colors, typography, shapes, etc., which may not be protected under copyright laws.

Protecting a logo, especially one with brand equity, is vital for safeguarding the market value of the product and preventing infringement. By obtaining trademark protection, one can establish a strong brand identity and ensure the logo’s uniqueness and exclusivity in the marketplace.

Trademarks are categorized into various classes based on the type of goods or services they represent. The World Intellectual Property Organization (WIPO) established a classification system called the Nice Classification. This system comprises 45 classes, each representing a specific category of goods or services. Assigning your trademark to the correct class is crucial for effective protection and registration.