The Trademarks Act, 1999 provides protection to the owner of a trademark and imposes criminal liabilities for the infringement of the trademark owner's rights. To enjoy protection, the owner of a trademark must apply for registration with the Trademark Registrar of the Registry of Trademarks, India. The Trademarks Act is also applicable to the protection of service marks, certificate marks and collective marks. The Trade Mark Registry Office performs the statutory duties in connection with the registration of Trade mark and other activities related thereto. Trade Mark offices are located in Ahmadabad, Chennai, Kolkata, Mumbai and New Delhi.

In most countries trade mark registration is the quickest and cheapest way to ensure legal exclusivity for the use of your Trade mark. In INDIA you can get "common law" rights just by using a name in trade BUT (i) it takes a long time to acquire the rights (ii) the scope of the rights is usually unclear (iii) it does not stop someone else using or registering your name and (iv) it is usually prohibitively expensive to stop someone else stealing your name. So yes you should always register your business names and brands as trademarks.

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.

SIGHT - Single words, word strings, slogans, logos, letters (e.g. initials), numbers, drawings/pictures, devices, product configurations, single colors, and multiple colors

SOUND - Chimes, many of the items listed under sight are also spoken

SMELL - Fragrance

TASTE - None known to the authors of this material

TOUCH - Product configurations

Under the Indian trademark law the following are the types of trademarks that can be registered:

• PRODUCT TRADEMARKS: are those that are affixed to identify goods.

• SERVICE TRADEMARKS: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.

• CERTIFICATION TRADEMARKS: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features

• COLLECTIVE TRADEMARKS: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.

If you are conducting a business in the INDIA you should file a trade mark application at the respective INDIAN TRADE MARK OFFICE under the Classes that correspond to your business.

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A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs that indicates source, sponsorship, affiliation or other business relationship of the goods or services. A Trademark distinguishes the goods, products or services of one company from another company.

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Trademarks and service marks are distinct in whether the mark is used with goods or services. The manner of fixing the mark is of significance in seeking a federal registration. There is some difference on how the mark is associated with the goods or services. Goods commonly have labels, where services have no place to put a label. For nearly all other practical purposes trademarks and service marks are treated the same.

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Almost all jurisdictions including India employ a classification system in which goods and services have been grouped into classes for registration. Most countries follow the same classification system, namely the International Classification of Goods and Services, which consists of 34 classes of goods and 8 classes of services. (The WIPO recently revised the Nice Classification, adding three service classes (43, 44, 45) and restructuring Class 42, retaining certain services. This provision has not yet been implemented in India).

Using this symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol ™ in India

You do not have to identify your trade mark as registered. You can use the ® symbol (for Registered Trade Mark) to show that your trade mark is registered. The ® symbol usually goes after the trade mark, in a smaller type size than the mark itself, and in a raised (superscript) position, but none of this is compulsory.

Note: This symbol should not be used under any circumstances until a certificate of registration has issued on the mark.

About 12 to 18 months depending on various factors. Sometimes it can be longer if there are objections from the Registry or from third parties to be overcome. Importantly, protection will back-date to the date of your application and anyone who has been using your name illegally since that date will have been infringing your rights and may be liable to you in damages.

It lasts 10 years and can be renewed for further period of 10 years. If you do not pay your renewal fee by the next renewal date, your mark will expire. However, you are allowed an extra six months from the renewal date in which to renew your registration, but you will have to pay a fee for late renewal. Following this six-month period, there is a further six-month period, i.e. a total of up to one year after the renewal date, in which you may apply to restore your mark.

Yes. A trade mark is legally described as "intellectual property". It is similar to other property you may own. It may become very valuable indeed and you can sell it if you want. We can advise you on the legal requirements.

No. When you apply you should advise us of the likely future scope of your business so that we can make sure your application adequately covers such extra goods or services. It is not possible to extend a registration to more goods or services after you have applied. A further application will be necessary to cover such extra goods or services.

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Two types of remedies are available to the owner of a trademark for unauthorized use of his or her mark or its imitation by a third party. These remedies are:

• an action for infringement in case of a registered trademark; and

• an action for passing off' in the case of an unregistered trademark

While former is a statutory remedy, the latter is a common law remedy. In an action involving infringement or passing off, a court may grant relief of injunction and/or monetary compensation for damages for loss of business and/or confiscation/destruction of infringing labels and tags etc.
Although registration of trademark is prima facie an evidence of validity of a trademark, yet the registration cannot upstage a prior consistent user of trademark, for the rule is 'priority in adoption prevails over priority in registration

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An INDIAN trade mark registration only covers INDIA. It does not, therefore, afford protection in any of other country, and a separate application must be filed in each of these countries if registered protection is required. Applications for registration in foreign countries can be based on an INDIAN trade mark application. Convention priority may be claimed if foreign applications are filed within six months after filing of the INDIAN application. Such applications are made in terms of the International Convention of Paris, as in the case of patents, but the period provided is limited to six months.