Trademark

TRADE MARK REGISTRATION CRITERIA

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.

Visual symbol

Word signature

Represented graphically

Capable of distinguishing the goods or services

Formal Requiremnets

Trademark application filing

Once a thorough trademark search is done. the details provided, fill all the relevant forms prescribed in the trademark office and the process of trademark registration is initiated. Once filing is done, a business can start using the ™ design on their filed mark.