Branding is in itself a major commercial force. Therefore, Trademarks registration or logo registration has become the vital need of traders and manufacturers. In light of the fact that there are multiple brands working in the same industry and there is cutthroat competition among them, each business entity puts its blood and sweat to build its market share and goodwill in the market and convert that trademark into a “Brand”.
Trademark Registration: A way to build your brand in the market
Business malpractices such as brand infringement, duplicate sare very much commonin use. Therefore, it is the need of the hour to have a system in place to secure such goodwill and market share in the form of protection from infringement of their used marks and logos.
With this objective in mind Government of India enacted Trademark Registration Act, 1999 to provide protection to the users of trademark from the infringement caused by the competitors.
Historical development of Trademark Registration statute in India
The are usage of trademark has significance from the ancient time. It was in usage way before the term is originated itself. As the Trademark usage or branding is not new so is the infringement. Till 12th century there was no such legislation to protect the trademarks or brands from the infringement.
In year 1266, King Henry III of England passed the world’s first Trademark law.It required all the bread bakers to put a mark on the bread they sold. The world’s first comprehensive, modern Trademark law was the French Manufacture and Goods mark Act passed in 1857.
Till 1940 there was no official Trademark law in India. Ther problems related to infringements were solved by application of section 54 of Specific Relief Act, 1977.
In year 1940 first Trademark law was passed in India it was corresponding to English Trademark Law. The replacement of this Act was Trademark and Merchandise Act, 1958. This Act was passed to provide registration and better protection against the Fraudulent Trade Practices in India. In year 1999 Trademark and Merchandise Act, 1958 got repealed and Trademark Act, 1999 came into force.
Purpose of enactment of Trademark Act, 1999
The purpose behind passing Trademark Act, 1999 was to bring Indian trademark Law in compliance with the TRIPS obligations on the recommendation of World Trade Organization (WTO).
Meaning of Trademark
In simple terms any symbol, word, logo, sound, shape, color combination, design, slogan, or other feature that has the potential to provide the identity and distinguish the goods and services of one business entity from that of others is said to be a trademark.
Categories of Trademarks in India
In general sense, there are two broad categories of trademarks i.e. word mark and device mark.
Word Mark: whenever you decide to start any business or venture of your own the first thing which comes into your mind is a “unique word or combination of words” that can become identity of your products. This is none other than a word mark. There are lakhs of examples starting from a small business house to big Brands like Reliance, TATA, Adani, Microsoft, Zerodha, Byjus etc.
Word mark may consist of Names, Signatures, taglines, slogans, etc.
Device Mark: on the other hand Trademark registered as logo, picture, drawing, design, colour combinations are said to be device mark.
For example the brand APPLE as a word is example of word mark. On the other hand its Logo of half bitten apple is an example of device mark.
Trademark which can be registered as device mark:
- Logo
- Designs
- Color combinations or graphics
- Shape
- Sound or audio tunes
FAQ on Trademark registration
- Can shape and packaging of product be trademarked in India?
Ans. Yes, shape and packaging of products comes under the definition of trade dress. And they have the potential to make the product stand out from the products of that of other manufacturer and traders. Therefore, they are capable of being patented.
- Can a single application be filed for registration of a trademark in more then one class of trademark?
Ans. As per section 18(2) of Trademark Act, 1999 a single application may be filed for registration of single application in more than one class. However, it is advisable to file application for single application for one class only.
- Which form is used to file Trademark registration application?
Ans. Trademark registration application is required to be filed in form TM-A along with prescribed fees.
- What is the fees prescribed for filing Trademark Registration Application?
Ans. The fees for filing trademark registration depends upon the mode of filing application and it may vary from Rs. 4500 to Rs. 10,000.
Thank you for giving your valuable time hope you found it useful, if you still have any doubts regarding Trademark Registration in India, you can connect to our team of experts at [email protected] or call us at 9988424211.
