Registration of Trademarks in India

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Registration of trademarks in India

Introduction
Meaning And Definition Of Trade Mark
Statutory Definition
Essential Features Of A Trade Mark
Importance of trademarks

i. Economic justification
ii. Quality Justification
iii. Advertising Justification
Advantages of Registering a Trademark

Types of Trademarks

Various types of trademarks are registered under the Trademarks Act, 1999:

1.Product Mark

2.Service Mark

3.Collective Mark

4.Certification Mark

Distinctiveness of trademark in Indian perspective with judicial decisions


Hindustan Development Corporation v. The Deputy Registrar Of Trade Marks (1955)
J.L. Mehta And Anr. v. Registrar Of Trade Marks (1962)
Godfrey Phillips India Ltd. v. Girnar Food & Beverages Pvt. Ltd.
Registration of trademarks

Steps for registration of international trademarks

Step 1: Application through the National Trademark Office

Step 2: Examination of the forwarded trademark application by the WIPO

Step 3: Examination of the trademark application by the concerned national trademark


office of the requested countries

Step 4: Monitoring of the trademark

Step 5: Renewal of trademark

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Fees for an international trademark

International treaties and agreements on trademark

Paris Convention for the Protection of Industrial Property

Trademark Law Treaty (TLT)

The Singapore Treaty

Laws governing trademarks across the world

The United States of America

United Kingdom (UK)

European Union (EU)

Trade marks under Indian Law

Registration of trademarks

Select a trademark agent in India:

Determination of the eligibility and availability of the trademark:

Completing the application form and filing:

Review by the trademark office:

Objection

Trademark infringement and passing off

Passing off

Remedies for infringement of trademarks

Civil remedies

Civil remedies for infringement of trademark


Conclusion

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