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Trade Mark :Trade Mark Purpose, Type and Fees in Hindi

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Published on 26 Feb 2020 / In Company Incorporation

Trade Marks :Trade Marks Purpose, Type and Fees in Hindi

Trademarks
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
Choosing a Trademark
a symbol, word, or words legally registered or established by use as representing a company or product.
Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services.
A copyright protects an original artistic or literary work. A patent protects an invention.
Choosing your TM
Chose a Easy to use word as your Trademark, easy to speak, spell and remember
Avoid names places, as no one can have a monopoly rights on them, logically Avoid Adjectives, like best, supreme Etc.
Hire a professional and conduct a market survey for the same.
Purpose of Trademark
 Quality and origin Identification.
 Guarantee of Quality.  Advertisement.
 Branding
Types of a Trademark
 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.
Fees Under the TM law
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/
To file a 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/-.
Laws governing Trademark. (Not Spoken)
 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.
With the above information you can make a wise decision regarding your trademark, any further questions may be given in the comments below and we will answer them in the next video or maybe as a response to your comment.



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