Trademark Acts & Rules
The Trade Marks Act, 1999
The Trade Marks Rules, 2002
POA – AIIP
What is a Trade Mark?
Answer: A trade mark is a sign capable of being represented graphically and of distinguishing the goods or services of one person from those of others. It helps consumers identify the source of goods or services and protects the reputation and goodwill associated with a brand.
What is the significance of symbols ™ and ®?
Answer: The symbol ™ is used to indicate that the trademark is unregistered. The ™ symbol signifies that a business is claiming ownership of a name, logo, or slogan for goods and intends to use it in commerce. It acts as a warning to competitors that the mark is proprietary. The ™ symbol can be used before an official trademark is granted by the government. It is commonly used while a trademark application is pending or being prepared.
The symbol ® is used to represent a registered trademark that provides the applicant complete ownership and legal rights over the trademark.
What are the “Proposed to be Used” and “Used” marks?
Answer: An application may be filed on a proposed-to-be-used basis, and based on prior use of the trade mark. Where prior use is claimed, a user affidavit and supporting documents are required.
What is the validity period (Term) of a registered trade mark?
Answer: A registered trade mark is valid for 10 years from the date of application. Registration may be renewed indefinitely for further periods of 10 years by filing the proper form with the requisite fee.