It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

By on 14-11-2018

REGISTERING TRADEMARKS AS CHEAPER AS EVER

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules there under. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

 The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
India’s patents and trademarks office has issued guidelines on the working of the Madrid Protocol, the treaty that India signed last year allowing Indian companies and citizens to register their trademarks globally.

The new system, which works on a single registration fee to be paid in India, will help firms and brand owners save on the otherwise huge expenditure incurred in filing separate international trademark applications for all the individual countries.

 Under the new system, a local company that wants to register its trademark in multiple countries can file a single international application at the Indian trademark office in Mumbai and at zonal offices in Kolkata, Delhi and Chennai. Following this, the Indian office, after verification and certification, will forward the application to the trademark cell—called the International Register—of the World Intellectual Property Organization (WIPO) in Geneva. Trademark registrations under the Madrid Protocol emphasize the key role of locally registered trademark as it is the base for international applications.

 The guidelines that will help trademark officials in India to function according to the mandates of the treaty specify that a local brand owner can file an international application through the new system only if they have already registered or applied for the trademark in India.

Indian patents and trademarks office guidelines clarify that an international trademark registered in foreign countries is mainly based on the validity of the local trademark and that therefore any invalidation or modification of this trademark will directly affect the trademark registered in others countries through the Madrid Protocol. Since India is also a member-country of the Protocol, all the other signatories can also file their trademarks through the international registry operated by the WIPO.

 DIFFERENT STEPS FOR REGISTRATION OF A TRADEMARK

•  The first step is conducting a trademark search so as to ensure that the logo or name in respect of which you intend to register a trademark is not identical to an existing logo or name. A comprehensive search can be conducted through the Trademarks Registry, although there are other sources (available free or on a commercial basis, such as Trademark Registration Services) which can also help you in getting started.
•  Note that a trademark can be revoked even after it is granted, if somebody successfully challenges it on the ground that it is confusingly similar to an already registered trademark. Hence, it is advisable to hire a trademark attorney with some experience for conducting the search, in order to ensure that your business logo or name is not confusingly similar to an already registered trademark. This will minimize chances of your trademark being revoked subsequently, after it has been granted.
• Next, the trademark application in the prescribed format under the Trademarks Rules needs to be made to the Trademark Registry.