Know All Important Forms of Trademarks By Sarah Bhandari

Sarah Bhandari | 6769 Views | 15 Feb 2019 Bookmark

TM, IPR, Checklist, Knowledge,

Basic Know How about The Trademark

“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 the shape of goods, their packaging, and the combination of colors.

“Mark” Includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors 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
FORM TM-O	Opposition/Application for Rectification of the Register/Counter statement Refusal or invalidation of a trademark under Geographical Indication of Goods
FORM TM-R	Application for Renewal/Restoration of registration of a trademark or for payment of surcharge towards the renewal
FORM TM-P	Application for Post registration changes in the trademarks
FORM TM-U	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
FORM TM-C	Application for Search and certificate under section 45(1) of the Copyright Act, 1957
FORM TM-M	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.