There are several opportunities for companies in India today. The country of India has a large nucleus of business that provides a wide assortment of services and products to the international marketplace. When it comes to intellectual property, such as trademarks, logos, and brand recognition in India, there is a specific set of rules and forms that must be filled out and filed properly in order to register your intellectual property. These rules differ significantly from the procedures that are required in the United States.
TRADEMARK LOGO AND BRAND REGISTRATION
A trademark application requires the logo or trademark, the name and address of the owner of the trademark, the class or classes it falls into, the starting date it has been in use, a description of the goods or services that apply to it, and a picture of the brand or logo. The following steps must be followed for any trademark registration in India: 1. You must first file a Trademark application with the registrar. It must be filed with the proper office of the Trademark Registrar that relates to the applicants principal place of business. 2. On the application, you must state how you want the product or service classified. This can be determined by following Schedule 4 of the Trademark Rules, 2002. 3. The final step is to pay the fees associated with the application per the Trademark Rules, 2002. All Trademarks must be distinct. You are not permitted to make a reference to a living person without their permission. Trademarks cannot be obscene or blasphemous. You should always check first to see if someone else is applying for the same domain name as you. If so you may be able to prevent their registration in favor of your priority.
There are 45 classes and categories listed in the Trademark Act. Class 1-34 deals with goods and Class 35-45 deals with services. After determining the specific class in which your registration belongs, you can narrow your selection to the relevant option(s). It is recommended that you register in as many classes as you qualify for to ensure that it cannot be used by another organization under another class. There is also a rule regarding “well known marks.” If a mark is considered to be well known, then you will be unable to use it in any category. Most major brands fall into this category. If you wish to register both your name and your logo they must be registered separately, however, they will fall into the same class. Registration can be listed in a person’s name or a company’s name.
If it is registered in the name of a person, then that person owns the mark and can transfer it from one company to another. If a mark is registered in the name of a person, it is relatively easy to enter into a trademark licensing agreement with a company. The person whose name it is in will still have the ability to revoke the trademark from the company. If the mark is registered in the name of a company, then generally the shareholders will be deemed to own the name. As with any type of intellectual property it is always wise to enlist the services of a qualified international business attorney who focuses on intellectual property and international business. These are the types of attorneys who can help you with your international trademark applications.
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