A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
• The selected mark should be capable of being represented graphically (that is in the paper form),
• It should be capable of distinguishing the goods or services of one undertaking from those of others.
• Typically it cannot be descriptive of the goods & services sought to be sold/ provided under such mark. Therefore, you cannot register “apples” for selling apples; or “IT Help” for providing IT services, though there are some exceptions to this.
• It should be used or proposed to be used as a trademark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Do not adopt laudatory word or words that describe the quality of goods (such as best, perfect, super etc.). It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

Under modern business conditions a trademark performs four functions
• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office. The applications can be submitted personally at the Front Office Counter of the respective trademark office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

• Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
• An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
• Letters or numerals or any combination thereof.
• The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
• Devices, including fancy devices or symbols
• Monograms
• Combination of colors or even a single color in combination with a word or device
• Shape of goods or their packaging
• Marks constituting a 3- dimensional sign.
• Sound marks when represented in conventional notation or described in words by being graphically represented.

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

It can be removed on the ground that the mark is wrongly remaining on the register by submitting an application to the Registrar.

There are three main requirements for obtaining an international trademark registration in India:
• The applicant should be a national of India or domiciled in India or have real and effective business or commercial establishment in India.
• The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the basis of the international application. The international application will have the same trademark as mentioned in the national trademark application or registration. The list of goods and services mentioned in the international application should also be identical with the national mark.
• The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.

The registration of a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol ®, as well as seek the relief of infringement in appropriate courts in the country, if so required. 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 marks due to special circumstances, such exclusive right does not operate against each other. However, a registration of a trademark provides exclusive rights to the registered proprietor of trademark which acts as an asset and has monetary value.

For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/-. Following are the various Forms prescribed for different purpose:
• Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered
• For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
• Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
• Restoration of removed mark (Form TM-13) Fees: 5,000/-
• Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
• Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/- • Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

• The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder.
• International multilateral convention.
• National bilateral treaty.
• Regional treaty.
• Decision of the courts.
• Office practice reduced in Manuals and guidelines and rulings of the Courts
• Decision of Intellectual Property Appellate Board.
• Text books written by academician and professional experts.

Yes. But the basic principle is that the trademark applied should not be substantially altered affecting its identity. Subject to this, changes are permissible according to rules detailed in the subordinate legislation.

The system of international registration of marks is governed by two treaties:
• Madrid Agreement Concerning the International Registration of Marks and •
Protocol Relating to the Madrid Agreement ( ‘Madrid Protocol’), Under the Madrid Protocol, a mark can be registered in multiple countries by filing an application for international trademark registration. Such application is presented to the International Bureau of the World Intellectual Property Organization at Geneva, through the office of origin. i.e. the trademark office of the applicant. In case of Indian businesses, the Office of Registrar of Trademark, India is the office of origin. The office of origin will process the trademark application and file it with the Intellectual Property Organization at Geneva. If the trademark application complies with the applicable requirements, then the mark is recorded in the International Register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau then provides a certificate of international registration and notifies each of the country contracting to the Madrid Protocol for which protection has been requested by the trademark applicant. Each of the country’s trademark office has the right to refuse protection of the mark by notifying to the International Bureau within the time limits specified in the Madrid Protocol. The Madrid Protocol has set strict time limits of 12 or 18 months for objections to be raised by the designated offices. Unless such a refusal is notified to the International Bureau within the applicable time limit, the protection of the mark in each designated country is the same as if it had been registered by the Office of that country.

An international registration remains dependent on the mark registered or applied for in the Office of origin, for a period of five years from the date of its registration. If, and to the extent that, the basic registration ceases to have effect within this five-year period, the international registration is no longer protected. A “Basic registration” means the registration of a trade mark before the Registrar of Trade Marks which is used as a basis for applying for an international registration. An international registration subsists for the period of 10 years from the date of its registration and it may be renewed further by paying renewal fee before the expiry of every 10 years. An “International registration” means the registration of a trade mark with the International Bureau of the WIPO, done under the Madrid Protocol.