Trademark Filing in India and Internationally under the Madrid Protocol

A trade mark (popularly known as brand name) in laymans 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. Unicita Consulting provides the service of trademark filing in India, United States and internationally under the Madrid Protocol.

The legal requirements to register a trade mark 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 and or services of one undertaking from those of others.
• It should be used or proposed to be used mark in relation to goods and 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.

Selection of a Trademark
• If it is a word it should be easy to speak, spell and remember.
• The best trademarks are invented words or coined words.
• Please avoid selection of a geographical name. No one can have monopoly right on it.
• Avoid adopting 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.

Apply for a Trademark
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. It should be filed at the appropriate trademark office.

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