CDG provides a trademark service in India.CDG is an ISO 17020 accredited inspection agency in India.
WHAT IS A TRADEMARK
A ‘Mark` may consist of a word or invented word, Signature, Device, Letter, Numeral, brand, heading, label, name written in a particular style, The shape of goods other than those for which a mark is proposed to be used or any combination thereof or a combination of colors and so forth. Subject to certain conditions, A trademark may also be symbolized by the name of a person, living or dead.
For the purpose of registration, A mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.
The marks devoid of any distinctive character, or which are only indicative of the kind, Quality, Quantity, Purpose, Value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, Which have already acquired distinction due to their popularity and consistent use. Internationally acclaimed brand names are freely available for use in India.WHAT IS THE FUNCTION OF A TRADEMARK
Under modern business condition a trade mark performs four functions :
WHAT ARE THE TYPES OF TRADEMARKS THAT CAN BE REGISTERED
- 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.
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 featuresCollective 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.Sound Marks
: are those where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services.WHO CAN APPLY FOR A TRADEMARK
Any person (Individual/ Startup/Small Eneterprise, etc.) who claims to be the proprietor of the trademark can apply for the registration of its mark for goods as well as services. A person may apply for registration of a trade mark to the Trademark office under whose jurisdiction the principal place of the business of the applicant in India falls.
In case, the principal place of business is outside India, then the application can be filed in the Trademark office under whose jurisdiction the office of the lawyer appointed by you is located. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the company's favor. Before making an application for registration it is prudent to conduct a trademark search in context of the already registered trademarks to ensure that registration may not be denied in view of resemblance of the proposed mark to an existing one or prohibited one.