How to Write Goods and Service Description for a Trade mark

Certification Trade Mark

“Certification trade mark” means capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registerable.

Collective Mark:

The new definition of ‘Collective mark’ has been provided for the benefit of members of an association of persons (but not partnership) and such inclusion of ‘collective mark’ will benefit the traditional Indian family trademarks.

‘Collective mark” means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those of others.

Trade Description

 Trade description means any description, statement or other indication, direct or indirect:

i)                    As to the number, quantity, measure, gauge or weight of any goods; or

ii)                   As to the standard of quality of any goods or services according to a classification commonly used or recognized in the trade; or

iii)                 As to fitness for the purpose, strength, performance or behavior or any goods, being “drug”, as defined in the Drugs and Cosmetics Act, 1940 or “food”, as defined in the Prevention of Food Adulteration Act, 1954; or

iv)                 As to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or

v)                  As to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided; or

vi)                 As to the mode of manufacture or producing any goods or providing services ; or

vii)               As to the material of which any goods or composed; or

viii)              As to any goods being the subject of an existing patent, privilege or copyright, and includes-

a)      Any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;

b)      The description as to any imported goods contained in any bill of entry of shipping bill;

c)       Any other description which is likely to be misunderstood or mistaken for any of the said matters.

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IMPORTANT DEFINITIONS IN THE TRADE MARKS ACT, 1999

Trade Mark

A trade mark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.

The definition of “trade mark” has been enlarged to mean a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from others and may include shape of goods, their packing and combination of colours and covers both goods and services.

“Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, number, shape of goods, packaging or combination of colours or any combination thereof.

Being an inclusive definition it will thus include any mark within the definition of trade mark so long as the mark is –

-          Capable of being represented graphically; and

-          Capable of distinguishing the goods or services of one person from those of others.

Service

The new definition of ‘service’ has been included for the benefit of service-oriented establishments such as banking, communication, education, finance, insurance, chit funds, real estates, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising.

A service mark is the same as a trade mark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark in advertising for the services.

The definition of “registered trade mark” under Section 2(1)(w) has been modified to mean a trade mark which is actually on the Register and remaining in force. The renewal of registration of a trade mark should be made for every ten years instead of seven years under the present Act

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What is Trademark? Protect own Tradmark Registration in India

A Trademark is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colours used, or services, or other articles of commerce to distinguish it from other similar goods or services originating from another. It is a distinguish sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or “marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trade mark, meets their needs.

A trade mark provides protection to the owner of the mark by ensuring the exclusive right to use it or to authorize another to use the same in return for payment. The period of protection varies, but a trade mark can be renewed indefinitely beyond the time limit on payment of additional fees. Trade mark protection is enforced by the courts, which in most systems have the authority to block trade mark infringement.

In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trade mark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, there by facilitating international trade.

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Trademark and Logo Registration Procedure in India

 Trademark is a logo, sign or design which is recognized and identified with products or services of a distinct owner. A trademark owner can be a business organization, legal entity or an individual. You can find a trademark on a label, package, and voucher or on the product itself. Even companies have their trademark attached on company buildings for corporate identity.

The fundamental concept of trademark is to give an exclusive identity to the commercial value and origin of the product or service. Different goods and services are classified by International Classification of Goods and services into forty five classes of trademark. (From 1 to 34 covers classes of goods and from 35 to 45 covers services).

Trademark Registration in India

We aim at excellent and swift trademark registration in India. In this post we will try to provide complete understanding of the processes involved in trademark registration.

a) Trademark search - Trademark search should come invariably prior to applying for trademark. It ensures originality of new invented services or product which is in the prospects to get trademark registrations.  Trademark checked through the trademark search process is less liable to get rejected by trademark office. We have well established law firms which conduct this extensive search function effectively either separately or in association with trademark registration process.

b) Trademark Application - Essentially before registering any service or product, application for the same is mandatory. India, as it is a growing economic country, has rigid and well structured rules and regulations for filing application to register trademark.  You need to have complete knowledge of the application process so that you do not omit any required step. Our attorneys will effectively serve you in filing application under respective trademark services. 

c) Trademark Litigation - Trademark litigation is a process through which you seek legal protection against illicit activities with your service. Every year thousand of firms and corporate houses are getting registered under Corporate Act of India. Thus trademark registration processes are also in the rise. Automatically this raises the aspect of trademark litigation and infringement. To tackle trademark misuse and illicit acts trademark litigation has been launched by the concerned government bodies to ensure a safe and secure business environment.

d) Trademark Renewal - It is a toll to protect your brand and give authenticity to your business to face the stiff competition. A single trade mark registration has a valid period of ten years after which it needs to go through a renewal process to continue to enjoy the rights of trademark owner. If you fail to get its renewal then identity of your profession is under open risk to get duplicated. To get it renewed before expiry is easy and fast. Renewal after expiry attracts extra charges and complex rules. You get a six months grace period within which you need to fill up a renewal form and submit with legal forms along with renewal fee.

Our full range of trademark services encompasses brisk trademark registration, punctual trademark renewal, and vigorous trademark monitoring and rigorous trademark infringement litigation. Based on the location of the client's office the relevant trademark zonal office is selected for pursuing the registration process. We provide flawless services on a national level.

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