FAQ

Q. What is meant of Intellectual Property?
Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind. The intellectual property is classified into seven categories i.e.. (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIP's agreements.

Q. What is a Trademark?
Trademarks can be a word, name, or an symbol, brand, device, heading, label, ticket, signature, letter or numeral or any combination thereof, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from similar goods manufactured and marketed by others. A person who markets his goods under a particular Trademark acquires an exclusive right to use the mark in relation to those goods.

Q. What are the rights and benefits of Trademark registration bring?
Trademark registration protects an exclusive right of ownership of the mark and also helps to identify and distinguish the source of the goods or services of registered Trademark owner from similar goods of others. Using the same or deceptively similar mark in relation to the Trademark owner of goods can also use the Trademark registration in India as a base for obtaining registration in other countries and also the right to take legal action against others that might be infringing the registration.
Q. who can file a registration application?
The application can be filed by the owner individual, corporation or partnership, or generally by the person who uses or controls the use of the mark and nature, quality of the goods to which it is affixed, or the services for which it is being used can apply for the registration of the mark.
Q. What can be registered as Trademark?
A mark which may consists of at least one of the following essential ingredients: - A mark can be, a word, label, device that has acquired distinctiveness by use over a prolonged period of time, may be registered. The signature of the applicant for registration. One or more invented words. The name of a firm, company, individual represented in a particular or special manner. One or more words, name having no direct reference to the character of the goods or a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in India. Any other distinctive mark, symbol, logo, device, labels.
Q. Which marks may not be registered?
The mark which are identical or deceptively similar with already registered Trademarks or has been already applied in respect of the same description of goods but also the use of a mark likely to deceive or cause confusion and the use of which would be contrary to any law in force or contains scandalous or obscene matter or any matter likely to hurt the religious sentiments of any class or section of the citizens of India may not be registered.
Q. Market research is necessary before applying for registration?
You must conduct a market research to ascertain whether any identical or deceptively similar mark is already being used for the similar goods. It is advised not to imitate or copy other similar mark or any other well-known Trademark of different goods. It is desirable to obtain preliminary search regarding the distinctiveness of your mark.
Q. How do I find out a status of similar mark?
Trademark search can be conducted in order to determine status of any mark of a person or company whether using a similar mark or not.
Q. What is a Trademark search?
A Trademark search is conducted to identify existing Trademarks that may have the potentiality of having conflict with your proposed mark. The adoption of the mark without proper search, you may have a risk of being sued for passing-off Trademark or for infringement that may make you to lose the right to use your newly acquired mark / product name or slogan in which you have put efforts in acquiring the same. You have to avoid conflicts and deceptive similarities with your mark and prior search can make the difference between the success and failure of your business venture.
Q. Is it better to have a search before filing an application?
Yes, it is better to get the search report of the registered and pending applications before filing the application.
Q. Is it necessary to have Trademark search?
Yes, the search results of registered and pending applications will help you to decide the future name, word, mark and at the same time It is advisable before making a large investment in the proposed venture you must assure whether your mark is secure or not. You should not adopt a similar mark, which is confusing or having conflict with other company's Trademark, which may land up you to the risk of a lawsuit for infringement of Trademark. ·
Q. How long does it take for a mark to get registered?
· Since the applications are processed on "first come first serve" basis. Due to backlog a successful application filled for registration of a Trademark will result 5-6 years before the mark is registered provided no opposition is entered by any third party. ·
Q. How long does registration kept in force or last?
· Indefinitely, the registration is valid for seven years from the date of filing and renewal fees have to be paid at regular intervals after lapse of seven years. ·
Q. May I apply more than one mark in a single application?
· No, each separate application has to be filed for each mark. If the applicant wishes to register the same mark in more than one class, a separate application must be filed for each class of goods.

Q. What documents is needed for filing an application?

· Other than particulars of mark, no document is needed except Power of Attorney in our favour.
Q. Do any further conditions have to be met?
· Yes. The Trademark must not conflict with a Trademark already registered in respect of similar goods
Q. How to apply for registration?
· We, Mark Innovators will assist you in filing process for Trademark registration application. Please send us e-mail indicating your requirements.
Q. How registered Trademark can be useful?

Apart from distinguishing your goods from others, a Trademark is probably the single most valuable marketing asset that most companies can depend upon.
Q. Can mark refused for registration?
· Yes, mark can be refused for registration not all words, names, symbols or devices works as Trademarks. The mark / name which are merely derive from the generic name of the goods for which it is being used cannot be registered.
Q. Are users of Trademarks required to get register them?
· No. Registration is not compulsory, but without registration, an owner of a Trademark cannot brings an action for infringement to protect the mark. Suing for infringement of a registered mark is much simpler than launching a common law action for passing off to protect an unregistered mark.
Q. Does mark have to be used before it is registered?
· No. The Trademark already in use can be registered; it is also possible to register Trademarks, which are intended to be used in future.
Q. Because of non-use can a mark be removed from the register?
· Yes. One can apply to have it removed from the register if the Trademark has not been in use for a period of five years during which it has been registered. Another option is part-cancellation, in this instance the monopoly is restricted but the Trademark remains on the register.
Q. Do Indian citizenship is must for obtaining a Trademark registration?
· No. However, an applicant's citizenship must be set forth on record. If an applicant is not a citizen of this country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.
Q. Is Indian registration valid and recognized outside India as well?
· No. Certain countries, however, do recognize an Indian registration as a basis for registration of the mark in those countries. It is advisable that regarding registration the laws of each country must be consulted before filing of the application.
Q. is it possible for a foreign corporation to license a Trademark in India against payment of royalty in a foreign currency?
· The license agreement requires prior approval of the government for payment of royalty to a non-resident. Those in case of a use of a foreign brand name a payment of royalty shall not be allowed unless the products on which the mark is used are intended only for export.
Q. Can the ownership of a Trademark be assigned or transferred to another person?
· Yes. a registered mark, or an application which is pending for registration has been filed is assign able and transferable
Q. What is proper to use the "TM" and symbol "R" with the mark?
· Once you have filed an application for registration of mark, the "TM" symbol may be used with the mark if an application is pending. One who claims rights in a mark may use the TM" (Trademark applied) with the mark to alert the public to its claim. However, the symbol, "R" can only be used once the mark is actually gets registered in the Trademark Registrar's Office.
Q. How can I know the status of my pending application?
· You may check on the status of a pending application by getting in touch with us after sending us a filing receipt containing the serial number of your application.
Q. Under Trademark laws what sort of protections is available?

· The Trade and Merchandise Marks Act, 1958 law legally protect your Trademark by two ways, firstly once the Trademark is registered, infringement can be easily established. The only protection remedy is available in common law of passing off in case of unregistered marks and marks which is not register able. The Trademark law protects the right of the owner of a mark to use mark that distinguishes his marks from others.
Q. What is the difference between infringement action and passing off?
· The basic difference between an infringement action and an action for passing off is that the former is a statutory remedy and the latter is a common law remedy. In order to establish infringement with regard to a registered Trademark, it is only necessary to establish infringing mark is identical or deceptively similar to the registered mark and no other proof is required. In the case of a passing off action that the marks are identical or deceptively similar and the use of the mark likely to deceive or cause confusion proving only similarity is not sufficient. Further, it is necessary to prove that the use of the mark by the defendant is likely to cause injury or damage to the plaintiff's goodwill. Whereas in an infringement suit the use of the mark by the defendant need not cause any injury to the plaintiff. However, The protection is therefore afforded only to those goods. When a Trademark is registered with regard to a particular category of goods. But in a passing off action, the defendant's goods need not be the same; it may be allied or even different.
Q. Why are infringement proceedings easier than passing off proceedings?
· In infringement proceedings the Trademark users can base their case simply upon their certificate of registration. In passing off proceedings the owners can only succeed if they can demonstrate to the court that they have established a reputation of their mark and it would be likely to confuse the device to the public and that the complained use of it be as passing off. It is therefore advisable to register the Trademarks where possible.
Q. How can I restrain someone using a Trademark similar to mine?
· There are several ways to stop use of your Trademark by a third party. Send us e-mail and depending on the actual situation, we may assist you in stopping the use of the mark.
Q. Is it necessary to get professional help?
· The registration of Trademarks is a specialized area of work and it may be advantageous to call the services of a specialist, particularly if numerous difficulties are encountered in an application.
Q. What are the costs involved for registration of Trademark?
· Please do contact to us for our services and further for details. If you have any further queries, please do not hesitate to send us an e-mail at info@searchtm.net