TRADE MARK REGISTRATION IN INDIA

Trade Mark is the mark capable of distinguishing the goods manufactured by  one manufacturer or service provider from that of others. We need to have protection over our Trade Mark as it represents our organization to the world. We today are very brand conscious and trade mark is certainly very precious and significant if we wish to create brand. 

Benefits of Registration of Trademark

1. Trademark provides nationwide protection to the businessman. 
2. It ensures that the name of Business entity remains protected as others can not use it for their business. Registered Trademark acts as a constructive notice to all other persons that they shall be refrained from using the trademark as their own. 
3. Once trademark is registered it prevents likelihood that any other party claims as its their trademark.
4. Once the trademark is registered, it is visible on trademark portal @ www.ipindia.nic.in and also easily searched on the same by agents or attorney, so that they shall not proceed with the registration of same or similar trademark. 
5. Registered trademark holder can sue any other person for infringement, if that person uses the trademark without consent of owner for his benefit.  
6. Trademark is significant from the point of view of the layman as, it is very important that brands remain protected or else anyone will come up in the market and start his own product in the name of reputed brand and confuse the consumer.
7. It also plays vital role as to protect creditworthiness of the brand created by a businessman by prolonged quality. If the protection is not there any person with substandard goods may hamper the good credentials of businessman. 

Section 27 of The Trademarks Act, 1999

No Action for infringement of unregistered trademark.  

1. No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.
2. Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.

Interpretation to section 27 of Trademarks Act, 1999 

Accordingly any person whose logo or mark is not registered, is not entitled to bring suit against any other person for infringement of his mark nor he can ask for any compensation for that same. However it recognizes the common law rights of the trade mark owner to take action against any person for passing off goods as the goods of another person or as services provided by another person or the remedies thereof.

Procedure for Registration of Trademark.

Following are the steps for registration of Trademark in India. 

1. Soft Search: It is very important to take soft search of the logo or mark proposed to be registered. Previously Trademark authorities provided the facility for physical search by them on payment of Rs. 500/-, however after updation of Trademark portal, physical search facility is no longer available and applicant must make a soft search w.r.t. trademark proposed to be registered. 
2. Preparation of Application: After search completed and on being satisfied that prima facie same or similar mark is not registered under same class, applicant can process ahead for registration. 
3. The application has to be made in prescribed form. The forms should be filled up as per the formats provided under Trademark Rules and forms. 
4. Along with application, fees has to be paid as prescribed by Trade mark authorities.  Currently its Rs. 3500/-
5. After making application to the trademark authorities, scrutiny is done by registering authorities. If any incomplete information is given, same is notified to the applicant. 
6. After acceptance of application we get the application number for future reference. 
7. After that the Trademark is published in trademark journal.
8. If at the time of publication of trademark in journal, no objection is received then trademark shall be processed and registered. 
9. If any opposition is received on the trademark so published, then Registrar issues applicant notice of opposition. 
10. On receipt of this opposition letter, applicant needs to file his reply for the same. If necessary Registrar issues order for hearing on the same. 
11. After hearing the Registrar shall give his decision.
12. If case is decided in favor of applicant, the Registrar shall issue Certificate of registration otherwise application for registration shall be rejected.   

Effect of Registration of Trademark

Once the trademark is registered the owner of the same gets absolute right w.r.t that trademark and no other person is allowed to copy or otherwise make use of same or similar trademark. The owner shall get the right to sue any person for infringement of the same or receive the compensation from the person infringing the trademark.