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 trademark under the Act are:

The selected mark should be capable of being represented graphically (that is in the paper form).

It should be capable of distinguishing the goods or services of one undertaking from those of others.

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.

Requirements for Filling Trademark Application :-

1. Power of Attorney Three Form TM-1 for Department Five Additional Representation

2. A pay order in favour of 'The Registrar of Trade Mark' for Rs. 4000/-

3. Name of the Trading style or Firm name Company name.

4. Name of the proprietor or the name of the partners .

5. Address of the Business Place.

6. 20 Labels of your trade mark logo in visiting card size or lettering style or device .

7. Specification of goods to which the mark is applicable .

8. Date of the first use of your trade mark ,if the mark is already in use . Otherwise application may be filed as ‘proposed to be used ‘.i).This you can verify from your first invoice . ii).If the product is medicinal preparation ,then you can verify from the Drug Endorsement made for the particular product in your drug license.

9. Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorised signatory incase if the applicant wants to engage the services of a Trademark Attorney.

10. If it is a Private Ltd Company or a Public Limited Company , please furnish the Memorandum and Articles of Association.

Above Charges Includes

• Allotment of Trademark Number

• Follow up of case

• Reply of Objection

Extra Services

• Hearing Charges @ Rs. 2,000/- per hearing.

• Reply of Opposition @ Rs. 5,000/- (If opposition filed by any party during the journal publication)

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