trademark
Aashish Satpute.
(Querist) 28 November 2010
This query is : Resolved
what procedure will be followed for registration of trade mark ?step by step?
where it will be done in district place or taluka level??
Parthasarathi Loganathan
(Expert) 28 November 2010
Even I need it urgently as I need to register a product of mine to establish patent rights.
R.Ramachandran
(Expert) 28 November 2010
The above query involves two different aspects (1) trade mark registration and the other (2) patent registration.
Broadly speaking Trade mark 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.
For the purposes of maintenance of the trade marks registers, the goods and services are classified in accordance with the International Classification.
In terms of Section 18 of the Trade Marks Act, 1999 read with Rule 25 of Trade Marks Rules, 2002, An Application for registration of a trade mark has to be made to the Registrar concerned. The application is to be made in Form TM-1, duly signed by the Applicant or his Agent along with the prescribed fee.
A person seeking registration of trade mark has to submit the application to the Trade Marks Registry under which the principal place of business falls.
To know about the detailed procedure, different classes of goods and services, schedule of fee etc. it would be advisable to obtain the bare Trade Marks Act, 1999 and Trade Marks Rules, 2002 which are very simple to read and understand.
Patents:
Only inventions would qualify for grant of patent.
Invention means a new product or process involving an invesive step and capable of industrial production.
Inventive step means a featue of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Thus the minimum requirement for grant of a patent is (i) there should be invention (ii) it should be novel (iii) it should not be obvious to the person skilled in the art; (iv) it should be capable of industrial production (v) it should not have been published / demonstrated / displayed or available to public prior to making an application for grant of patent.
The application for patent has to be submitted to the Intellectual Property Office. In Chennai the office is situated in Guindy on the main GST Road near the Industrial Estate.
Dear Mr. Partha, you have to establish your patents rights separately. Patents rights cannot be established by getting Trade Marks registration. Both are different rights.
