“Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
“Mark” Includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
Prescribed Forms for Trademark related Assignments.
Following are the forms used in Trademark for respective Functions
FORM TM- A
Application for registration of a trademark
Opposition/Application for Rectification of the Register/Counter statement Refusal or invalidation of a trademark under Geographical Indication of Goods
Application for Renewal/Restoration of registration of a trademark or for payment of surcharge towards the renewal
Application for Post registration changes in the trademarks
Application for registration of Registered User/Variation of Registered User/Cancellation of Registered Users and Notice of intention to intervene in proceeding in cancellation/variation
Application for Search and certificate under section 45(1) of the Copyright Act, 1957
Application/Request for any miscellaneous function in respect of a trademark Application/ Opposition/Rectification under the Trade Marks Act
FORM TM – G
Trade Marks Agent Registration/Renewal/Restoration/Alteration
Procedure For and Duration of Registration of Trademark
Term of registration of Trademark is 10 years, which may be renewed for a further period of 10 Years on payment of prescribed renewal fees. Basis of cancellation of registration if a registered mark is not used for continues period of 5 years is a ground for cancellation of registration of such trademark at the behest of any aggrieved party.
The entire contents of this article are solely for information purpose and have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation by the Author. Compliance Calendar LLP and the Author of this Article do not constitute any sort of professional advice or a formal recommendation. The author has undertaken utmost care to disseminate the true and correct view and doesn’t accept liability for any errors or omissions. You are kindly requested to verify and confirm the updates from the genuine sources before acting on any of the information’s provided hereinabove. Compliance Calendar LLP shall not be responsible for any loss or damage in any circumstances whatsoever.