TRADE MARK REGISTRATION OF YOUR COMPANY NAME AND LOGO

Dear Sir / Madam ,

To protect your Trade Mark, Brand Name or Logo, we need to prepare and file the necessary application in the prescribed format with the Trade Mark Registry.  To enable us to make the necessary application on your behalf, we need to have the following informations from you:

1.                Power of Attorney (we will prepare and send it for your signatures) on a non-

Judical stamp paper authorizing our Company to deal with the Registrar directly on your behalf with regard to the trade mark registration of your esteemed Organization.

2.                  12 copies of the Trade Mark (Logo or Word – as intended to be used).

3.                  Name, Age, Nationality, Address, Contact Nos etc of the Applicant.

4.                  If the Applicant  is running a partnership firm, Name, Address, Nationality,    

Contact Nos and Ages of all the Partners must be given.

5.                  Description  of goods or services (activities involved) and whether the mark

 is already in use or proposed to be used.       

The validity of Trade Mark registration with the Government of India at present is for a period of 10 years    after which it has to be renewed.  Total investment for Trade Mark registration is Rs 7500/- which  includes the Government fee..  After submitting the application, in about 30-40 days time, they will issue  the registration number.  Once you get your registration number, you start using the word TM on the top right hand corner of your trade mark.  We will be handling the entire job on your behalf.

Trade Mark registration ensures complete protection and identity to your hard-earned Goodwill in all the field of your operations.

Hope you will find our offer interesting and will make use of our services to the best possible extent.  In case you need any further clarification, on receipt of a call from your good offices, our Area Executive will be happy to call on you at your convenience to discuss and finalise the formalities.  Looking forward to the pleasure of hearing from you.

With every good wish,

Anamika Singh , Advocate

AMAAR Consultants, A-104 , First Floor ,

Madhu Vihar Market, I.P. Extn ,

Patpadganj, Delhi-110092

Phone : 011- 43059217 / 42175559 (R)

Mob   :  9312534920 / 9711460787 / 9560500777 

LOCATION AND JURISDICTION FOR TRADEMARK

Trade Marks Registry, Mumbai (Head Office)
Intellectual Property Bhavan, Near Antop Hill Head Post Office,
S.M. Road , Antop Hill, Mumbai 400037
Tel: 022-2410 1144, 24101177, 24148251, 24112211
Fax: 24120808, 24132295
Jurisdiction: State of Maharashtra, Madhya Pradesh and Goa

Trade Marks Registry, Delhi
Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi
Tel. 011-28082915/ 16/17 Fax:
Jurisdiction: State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh,
Himachal Pradesh, Union Territory of Delhi and Chandigarh

Trade Marks Registry, Kolkata,
CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake,
Kolkata-700091
(Telfax. 033-23677311
Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal,
Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland,
Andamar & Nicobar Island.

Trade Marks Registry, Ahmedabad,
15/27 National Chambers, 1st floor,
Ashram road,
Ahmedabad-380 009.
Tel: 079-26580567
Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman,
Diu, Dadra and Nagar Haveli


Trade Marks Registry, Chennai
IP building, GST Road, Guindy
Chennai-600032
Tele: 044-22502041, Fax : 044-22502042
Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and
Union Territory of Pondicherry and Lakshadweep Island.

CLASSIFICATION OF GOODS AND SERVICE – NAME OF THE CLASSES IN RESPECT OF TRADEMARK

THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002

Classification of goods and services – Name of the classes

(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).

Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry

Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices

Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks

Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides

Class 6. Common metals and their alloys; metal building materials;

transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus

Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials

Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes

Class 12 . Vehicles; apparatus for locomotion by land, air or water

Class 13 . Firearms; ammunition and projectiles; explosives; fire works

Class 14 . Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments

Class 15. Musical instruments

Class 16 . Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks

Class 17 . Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18 . Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21 . Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22 . Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials

Class 23 . Yarns and threads, for textile use

Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 . Clothing, footwear, headgear

Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)

Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29 . Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

Class 30 . Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Class 33 .Alcoholic beverages(except beers)

Class 34 . Tobacco, smokers' articles, matches



SERVICES

Class 35 .Advertising, business management, business administration, office functions.

Class 36 .Insurance, financial affairs; monetary affairs; real estate affairs.

Class 37 . Building construction; repair; installation services.

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Treatment of materials.

Class 41. Education; providing of training; entertainment; sporting and cultural activities.

Class 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43. Services for providing food and drink; temporary accommodation.

Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

IMPORTANT JUDGMENTS IN TERMS OF TRADEMARK

PROTECTION TO ALPHA-NUMERAL MARKS

Charak Pharma Private Limited Vs. Respondent: Prashi Pharma Private Limited (decided by Hon’ble High Court of Delhi) Trademark-M2 TONE

In this case, the plaintiff clamed to be a manufacturer and merchant of Ayurvedic medicinal and pharmaceutical preparations. The plaintiff claimed to be the registered proprietor of various trade marks in India in respect of goods falling in clause 5. The plaintiff was also manufacturing and marketing a product under the distinctive trade mark ''M2 Tone'' in a syrup base as well as in the form of tablets. The aforesaid trade mark ''M2 Tone'' of the plaintiff was registered in India since 1965 in respect of goods falling in class 5. According to the plaintiff, the said trade mark was an invented word coined by Charak Pharmaceuticals in and about the year 1965 and has been in use since then as a registered trade mark. It was alleged that sometime in November, 2003 the plaintiff came to know that the defendant was manufacturing and marketing a medicinal preparation under a deceptively similar and infringing trade mark ''MV-Tone''. On the facts of the case, a temporary injunction was granted in favour of the plaintiff and against the defendant, its servants, agents, distributors, stockists or anyone acting on its behalf from in any manner manufacturing, marketing, distributing or offering or sale any product under the trade mark ''MV Tone'' or any other deceptively and confusingly similar trade mark of the plaintiff, namely, ''M2 Tone'' till the disposal of the suit.


DOMAIN NAMES

Satyam Infoway Ltd. vs. Sifynet Solutions Pvt. Ltd. (decided by Hon’ble Supreme Court of India)

The principal question raised in the present appeal was whether internet domain names were subject to the legal norms applicable to other intellectual properties such as trade marks? The appellant which was incorporated in 1995 registered several domain names like www.sifynet, www.sifymall.com, www.sifyrealestate.com etc. The respondent started carrying on business of internet marketing under the domain names, www.siffynet,net and www.siffynet.com from 5th June 2001. The appellant filed a Suit filed by appellant on ground of passing off its business and services by using appellant’s name and domain name and a temporary injunction was granted by Trial Court on ground that appellant was prior user of trade name ‘Sify’ and that confusion would be caused in mind of general public by deceptive similarity between the two domain names. However, Hon’ble High vacated the injunction on the ground of business being different from that of the appellant. Hon’ble Supreme Court of India granted leave observing that use of same or similar domain name may lead to diversion of users which could result from such users mistakenly accessing one domain name instead of another and held that a domain name may have all characteristics of a trade mark and could find an action for passing off





DISPARAGEMENT

Dabur India Limited Vs. Emami Limited (decided by Hon’ble High Court of Delhi)

In the present case, the Plaintiffs were manufacturing and marketing Chyawanprash, an ayurvedic formation, under well known brand name "Dabur" and having market share of 63% of total market of Chyawanprash. The Defendants were also manufacturing Chyawanprash under brand name "Himani Sona-Chandi Chyawanprash having about 12% market share, introducing a new product "Himani Sona-Chandi Amritprash". The Defendant advertised through a T.V. commercial, their product featuring a popular film star as hero who makes the impugned declaration "GARMION MEIN CHYAWANPRASH BHOOL JAO, HIMANI SONA CHANDI AMRITPRASH KHAO" (Forget Chyawanprash in summers, eat Amritprash instead). According to the plaintiffs, the message sought to be conveyed was "Consumption of Chyawanprash during summer not advisable and Amritprash is more effective". Even if no direct reference to product of the plaintiffs were made but only to entire class of Chyawanprash in general sense, even then disparagement was held to be possible. Hon’ble High Court of Delhi, after going through the facts, injuncted the Defendants from telecasting impugned T.V. commercial pending disposal of the suit and stated that a tradesman is entitled to declare his goods to be the best or better than his competitors' but while declaring so he cannot say that the goods of his competitors are bad so as to puff and promote his goods. Statements for puffing of his goods should not give rise to a cause of action to other traders or manufacturers of similar goods to institute proceedings for disparagement or defamation.


TRANS-BORDER REPUTATION
Advertisement amounts to user of the mark

Milment Oftho Industries Vs Allergan Inc. (decided by Hon’ble Supreme Court of India) Trademark OCUFLOX

In the present case, the marks were the same. They were in respect of pharmaceuticals products. The mere fact that the Respondents did not use the mark in India was considered irrelevant as they were first in the world market. The Division Bench relied upon material which prima-facie showed that the Respondents products were advertised before the Appellant entered the field. On the basis of material on record the Bench concluded that the Respondents were first to adopt the mark. If that be so then no fault could be found with the conclusions drawn by the Division Bench. On the other hand, the appellants stated that the respondents were not the first to use the mark in India. It was submitted that there was no proof that the Respondents had adopted the mark and used the mark before the Appellants started using the mark in India. The Hon’ble Supreme Court of India came to the conclusion that these were matters which would require examination on evidence. Considering the fact that for all these years, because of the injunction Order, the appellants have sold their products under some other name, the balance of convenience was that the injunction order be continued and the hearing of the suit be expedited. The Supreme Court however observed that if on evidence it was proved that the respondents had adopted the mark prior to the Appellants doing so, on the settled law, then the Respondents would become entitled to an injunction. However, if on evidence it was proved that Appellants were prior then, undoubtedly, the trial Court would vacate the injunction. The trial Court would undoubtedly then assess the damage which Appellants have suffered for having wrongly not been allowed to use the mark for all these years.

George V. Records, SARL Vs.Kiran Jogani and Anr. (decided by Hon’ble High Court of Delhi) Trademark- BUDDHA BAR

In The present case, plaintiff claimed its proprietary rights in trade mark "BUDDHA-BAR" in respect of music albums on the basis of prior adoption and use by its affiliate company in 1996 in respect of restaurant and by plaintiff in respect of music album in case of reputation established in 2000 in France. Spill over of the reputation it gathered in foreign countries was pleaded. The Court held that Plaintiff and its sister companies constitute one economic entity for the purpose of proprietary rights and prior adoption. On the basis of spill over reputation ex-parte ad interim injunction granted against defendant was confirmed by the Hon’ble High Court of Delhi.


EXECUTION OF DECREE AND GRANT OF DAMAGES

ABRO Industries Inc. Vs. K.V. International and Ors. (decided by Hon’ble High Court of Delhi)

During the perusing of a suit for infringement and passing off concerning trade marks "ABRO" and "AMBROS", parties arrived at a settlement. In the settlement deed, judgment debtors categorically stated that they had never ever directly/indirectly manufactured, advertised and/or supplied any product with trade mark "ABRO", and confirmed that failure of the representation would be material breach of the deed - consequences whereof to follow including execution of money decree in the sum of Rs. 35 lakh (approximately US$ 77.000/-) as agreed. Thereafter, the Decree holder came across a dispatch register produced before the Local Commissioner evidencing dealing and marketing by judgment debtors of their products under the trade mark "ABRO". After inspection, on certain pages of the dispatch register, the word "ABRO" or "AMBRO" was seen to be erased and overwritten by some other brand/trade name. The Hon’ble High Court of Delhi came to the conclusion that the Judgment debtors manipulated the records giving a wrong picture to decree-holder which amounts to misrepresentation and mis-statement, hence a breach of the settlement deed entitling plaintiff to get the money decree for Rs. 35 lakh (approximately 77,000/- US$) executed.

DEVELOPMENTS IN JUDICIAL ENVIRONMENT & IMPORTANT JUDGMENTS ON TRADEMARK

AMENDMENT IN DELHI HIGH COURT ACT

The Central Government has notified the Delhi High Court Amendment Act (Act NO. 35 of 2003) in terms of which the pecuniary jurisdiction of Delhi High Court stood enhanced to Rs. 20 Lac (approximately 45000 US$) which as earlier Rs. 5 Lac (approximately 11100 US$).

ESTABLISHMENT OF INTELLECTUAL PROPERTY APPELLATE BOARD

Intellectual Property Appellate Board (IPAB) has been constituted under Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. The IPAB has started functioning since April, 2004 on a regular basis. Its headquarters are at Chennai and sittings are held at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad on regular basis. All cases of appeals arising out of the order or decision made by the Registrar and all cases pertaining to rectification of the register pending before any High Court prior to 6th October, 2003 stood transferred to the Appellate Board. The Intellectual Property Appellate Board has so far, decided more than 125 cases and continues to put in its efforts to clear the backlog at the earliest.


JUDICIAL DEVELOPMENTS AND IMPORTANT CASES

The intellectual property regime in India is expanding to keep pace with the rapidly growing economy. The enforcement mechanisms enable businesses to keep a grip on their intellectual property rights and serve to make India more attractive to business ventures from abroad.

Indian courts have also guided case law in a direction that accommodate the interests of multinational business as well as take into account the establishment of goodwill and reputation via diverse media.

These developments augur well for a robust Intellectual Property regime in compliance with the TRIPS requirements and will provide a ground for healthy competition, at the same time preventing usurpation of the time, money and effort expended by an international venture in augmenting the value of its trademark.

Some latest cases decided by Hon’ble Supreme Court of India as well as Hon’ble High Court of India are given as under:-


PROTECTION FOR WELL-KNOWN MARKS

Christian Dior Couture v. Ajay Haryani & Ors (Interim order issued by Hon’ble High Court of Delhi)- CHRISTAIN DIOR

Christian Dior obtained an ex parte ad interim injunction on the basis of trademark infringement and passing-off, restraining the defendant, a New Delhi department store, Deepsons, from manufacturing, selling, marketing and exporting garments bearing the CHRISTIAN DIOR mark, or any deceptively similar mark. The Court also appointed local commissioners to search for and seize the infringing goods. The raids resulted in the seizure of a large number of men’s shirts and packaging material bearing the CHRISTIAN DIOR mark. Although the original CHRISTIAN DIOR clothes were not currently available in India, the CHRISTIAN DIOR brand was known to the Indian public through international magazines such as Vogue and Cosmopolitan, which had a wide circulation in India, and sale of the product in duty free stores around the world. Furthermore, Christian Dior had registered its trademark in India and it was not considered necessary for them to establish a case based on passing-off.

Glaxo Group Ltd. vs R.A.S. Mani Iyer and Anr. (decided by Hon’ble High Court of Delhi)- ZINACEF AND FORTUM

Hon’ble High Court of Delhi passed a decree for permanent injunction against Lyka Laboratories restraining them from dealing in pharmaceutical preparations under the trade mark LYNACEF or any other trade mark which may be identical or deceptively similar to the trade mark ZINACEF and SUPACEF amounting to infringement of plaintiff's mark. The Hon’ble Court also restrained the defendants from using the colour scheme arrangement of features, layout on the packaging, cartons, bottles or any packaging or labelling of their product CEFTIDIN which was similar to the packaging and labelling of the plaintiff's product FORTUM.


NON-USER DUE TO TRADE RESTRICTIONS

Hardie Trading Ltd. Vs. Addison Paints and Chemicals Ltd.

The Registrar directed removal of the registered mark from the register on allowing of non-use. However, the said order was set aside by Hon’ble Supreme Court of India. Appellants registered the words “Spartan” and “Spartan Belox” to commence business in India. There was a Collaboration agreement entered between the appellant and the respondent for selling surface coatings and pursuant to the agreement appellant's products marketed in India through respondents. Thereafter, Appellant agreed to assign its right in the trademarks to respondents for a sum payable and Appellant were granted permission to the respondent to use its trademark in India. Thereafter respondents filed two applications for registration of appellant device. The appellants filed Rectification to the said trademarks. Between 1946 to 1971 respondents were using the trademark as a chief agent of the appellant under the collaborative agreement and then under the registered user's agreement and never used the trademark on their own account as it was always used for the appellants benefit. The Respondents had also publicly disassociated themselves from the mark. It was admitted position that both appellant and respondent were engaged in the sale of paints and lacquers prepared according to appellant's preparations and under appellant's trademark and under the input policies, the paints and lacquers would only be imported by the manufacturer or producers and the Appellant had no factory in India. The Hon’ble Supreme Court of India came to the conclusion that Joint registrar of Trademarks erred in coming to the conclusion that there were no special circumstances, which justified the non-user i.e. the respondent for the period in question. Hence, appeal against the said order was allowed.

FREQUENTLY ASKED QUESTIONS ON TRADEMARK

1. What is a trade mark?

A trade mark (popularly known as brand name) in laymans 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 trade mark under the Act are:

v The selected mark should be capable of being represented graphically (that is in the paper form).
v It should be capable of distinguishing the goods or services of one undertaking from those of others.
v 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.

2. How to select a trade mark?

· If it is a word it should be easy to speak, spell and remember.
· The best trade marks are invented words or coined words.
· Please avoid selection of a geographical name. No one can have monopoly right on it.
· Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
· It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

3. What is the function of a trade mark?

Under modern business condition a trade mark performs four functions

Ø It identifies the goods / or services and its origin.
Ø It guarantees its unchanged quality
Ø It advertises the goods/services
Ø It creates an image for the goods/ services.

4. Who can apply for a trade mark and how ?

Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office.

5. How to apply for a trade mark in respect of particular goods or services?

It is provided under the Trade Marks Act,1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.


6. What are different types of trade marks available for adoption?

- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.

7. What purpose the trade mark system serves ?

Ø It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.
Ø It guarantees the identity of the origin of goods and services.
Ø It stimulates further purchase.
Ø It serves as a badge of loyalty and affiliation.
Ø It may enable consumer to make a life style or fashion statement.

8. Who benefits from a trade mark?

The Regd.Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.
The Government: The Trade Marks Registry is expected to earn a revenue of nearly Rs.40 crores during the current year and which is perpetually on the rise.

The Legal professionals: The Trade Marks Registration system is driven by professionals and legal and para legal advisors(Agents) who act for the clients in the processing of the trade marks application.

The Purchaser and ultimately Consumers of trade marks goods and services.

9. What are the benefits of registering a trade mark?

The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.


10. What are the sources of trade mark laws?

Ans: (1) The national statue i.e., the Trade Marks Act,1999 and rules thereunder .
(2) International multilateral convention.
(3) National bilateral treaty.
(4) Regional treaty.
(5) Decision of the courts.
(6) Office practice and rulings
(7) Decision of Intellectual Property Appellate Board.
(8) Text books written by academician and professional experts.

11. What does the Register of trade mark contain ?

Ans: The register of trade mark currently maintained in electronic form contains interalia the trade mark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

12. Can any correction be made in the application or register?

Ans: Yes. But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

13. Can a registered trade mark be removed from the register?

Yes. It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trade mark?

adsense

Custom Search

Company Registration

           Amaar Consultants

                                      A104,Madhu Vihar market ,I.P Extn ,Patpadganj ,
                                                               Delhi-110092

                                           Ph.: 011-43059217 ( office ) / 42175559 ( Res )

                                            Cell: 9312534920,9560500777 , 9711460787 .

                                                E-mail    : amaarconsultants@gmail

                

INCORPORATION OF PRIVATE LIMITED COMPANY / LTD. COMPANY:

(Requirements)

1.       Digital Signature

2.       Director Identification Number (DIN)  

3.       5-6 Name of the proposed company

4.       Address of the registered office

5.       Main objects of the company

      

(Benefits)

1.         Name benefit

2.         Great status/ Matter of reputation

3.         Limited liability benefit

4.         Easy admission and retirement of Directors

5.         Company not affected by the death, disability or retirement of members

6.         Transferability of the shares

7.         Better borrowing facilities from banks, public and financial institutions

8.         Company can enjoy the benefits of its own name in TM, Telephone, Water, Electricity, Sales Tax, Income Tax, PAN card, Rent Deed, Service Tax, Bank Account, Property purchased, and in any Agreements and MoUs.

(Department Procedure)

1.   Digital Signature to be applied (1day)

2.   Director Identification Number (DIN) to be approved (3days)

3.   Company Name approval within 3 days if there is no objection in the Name.

4.   Printing of Memorandum & Articles of Association, online stamping, Form-32, Form-18, Power of attorney to be notarised,

5.   After 5 days we get the Certificate of Incorporation (COI) of the Company

6.   PAN applied, after that Bank a/c to be opened, and starts company work.

Date…………Refer by……..……..………Ph……………………..File No………………..                             

OUR BOUQUET OF SERVICES FOR REGISTRATION

LEGAL CONSULTANCY & REGISTRATION SERVICES

Dear Sir/Madam,

                        We thank you for sparing few minutes of your valuable time. We would like to Introduce ourself as a Legal Consultancy Firm named  Amaar consultants. We offering our service in Tax, Registration, Accounting & Legal Consultancy , managed by professionals from Delhi & NCR.

                                                      

Our bouquets of Services Portfolio are:

01. TRADE MARK- Registration of Trade Mark, Logo, Design, Brand name, TM Search, TM Litigation, TM Monitoring, Copyright.


02.  ISO ACREDIATION -  9001 , 14001 , 18001 ,  CE Marking , And All kind of Quality         certification.   

03. COMPANY PVT. LTD. / LTD. - .  Company Incorporation, Minutes, Annual filing, Routine Compliance, FDI, Inspection for mergers & takeover.

04. SOCIETY/ TRUST (NGO) - Society, All India society, MOA, Trust Deed, Registration, 80G & 12A, FCRA, utilization certificates.  

05. PARTNERSHIP FIRM –Partnership Deed, Registration, accounting and  auditing, income tax return filing. 

06.  PROPRIETOR FIRM – Registration, PAN, accounting and  auditing, income  tax return filing, Registration of sales tax, service tax etc.  

07. SERVICE TAX – Registration, Tax deposit–Monthly/Quarterly/Half Yearly-                                                        

Return filing, assessment, other compliance. 

08. VAT / SALES TAX- Registration, Monthly / Quarterly Return, Vat Audit, Assessments, Obtaining various forms viz: C, H, under CST. 

You can get in touch with us for your any requirements regarding above services with our firm and we assure you best of our services.

Best Regards

For Amaar consultants

A-104 , Madhu Vihar Market ,

I.P.Extn,Patpadganj, Delhi-110092

Phone: 011-43059217 / 42175559. 

Mob: 9312534920, 9711460787 , 9560500777

ABOUT AMAAR CONSULTANTS

Understanding clients' businesses and anticipating their needs, proposing relevant solutions and delivering them, staying knowledgeable of new developments and we keep our clients informed with latest precedents of the higher Courts and the Apex Court. Our firm is guided by the principles of quality, creativity, innovation and leadership. We provide efficient legal representation to our clients.

The firm is primarily based on the theory that every client and every case is important and deserves the utmost attention of everyone in our staff. From the very beginning of the proceedings you can count our efforts with complete commitment and hard work of every member of our team. We carefully listen to our clients, particularly to their requirements and needs .We are known for being very creative and relentless in our representation. Our firm is manned by compete attorneys and legal consultants who have their own fields of expertise.

We firmly deem the liaison with our clients is one of our strongest assets and our key source of development and growth. Our relationships with our clients extend after the case ends and we continuously seek our client's input and opinions as to how we can serve them better and make the whole legal experience an enriching and rewarding one. We are proud of what we have accomplished so far and we are pleased to offer our services to you. Find out how we can serve you.

We pride ourselves on our extensive and expanding client base ranging from private individuals through a variety of corporate entities, but we recognize that each of our clients is unique with particular business concerns. We exercise a personal commitment to all of them, to understand their objectives rapidly and effectively and to expedite solutions by means of clear and practical legal advice and action. Many of our lawyers are specialists in their own right who call on the particular expertise of their associates in the firm when the clients' interests involve more than one area of the law. The application of professional excellence by all our lawyers and cross-utilization of specialist skills as and when appropriate result in the production of a comprehensive legal package, tailored to the specific circumstances of each client.