Trademarks

As per the Trademark Law in India, the right holder an individual, an entity (small scale ,medium scale or large scale) can apply for registration of a trademark for a name, logo, word, label, device, shape, sound, color, texture, signature and other conventional forms of trademarks on an actual usage basis or on a proposed/intent to use basis. The Indian trademark law offers the right holder the exclusive right to use the mark for the goods produced and services rendered by them and also protection against fraudulent usage of the mark. In case of deceitful usage of the registered mark, the holder has several remedies under the Trade Marks Act but not limited to filing a legal suit for trademark infringement and/or sending a legal threat notices to the offender.

Trademark offices in India- There are in total of five Trademark offices in India i.e.in Ahmedabad, Chennai, Delhi, Kolkata and Mumbai. Furthermore, one institution is also established in Nagpur RGNIIPM for the training and research intentions of government of India.

The trademark can be designated by way of any of the following symbols –
1. ™ - for an unregistered trademark, to promote or brand goods and services.
2. ® - for a registered trademark




Trademark Prosecution- The provisions and rules of the Trademark Act 1999 and Trademark Rules 2017 are to be adhered to while filing and prosecution of an application for trademark with the Trademark Registry.





Appellate authority- The appeals against orders of the Registrar of Trademarks, or for cancellation/rectification of trademark can be submitted either before the Registry itself under review, or before the Intellectual Property Appellate Board (IPAB).





One of the integral parts of Trademark is brand management and protection of rights also known as Enforcement part. A brand owner/ right holder has the remedy under the Trade Mark Act and the rules along with the civil as well as the criminal remedies under the law.