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| Trade Marks & Service Mark |
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| The Trade Mark
practice of LHKAC has been responsible for registering some
of the most famous brand names and handles all aspects of trade
mark work including clearance searches for new marks; applications
for registration; service mark applications; advising on trade
mark and passing off litigation; negotiating licenses and agreements.In
any event, your trademark is the key element of your firm's
image and credibility. It indicates at once a benchmark of quality.
It builds consumer confidence and increases customer loyalty. |
| SIGNIFICATION
OF TRADE MARK |
| As
per the Trade Marks Act, 1999 Trade mark means a mark, that
is a device, brand, heading, label, ticket, name or an abbreviation
of a name, signature, word, letter or numeral, shape of goods,
packaging or combinations of colors or any combination thereof.
It must be used or propose to be used in relation to goods
or service, which are the subject of trade or manufacture.
The mark must have some size to be a mark at all, but the
size required to satisfy the Act cannot be defined. |
| SERVICE MARK APPLICATION
IN INDIA |
| It
is a mark similar to a trademark but applies to services rather
than goods. Examples for - Insurance, Banking, Consultancy,
Credit Card, Hotel, Real Estate, Transport, Education, Communication,
Financing, Chit Funds, Material Treatment, Processing, Supply
of electrical or other Energy, Boarding, Lodging, Entertainment,
Amusement, Construction, Repair, Conveying of News or information
and advertising etc. |
| CONENTION APPLICATION
AND INTERNATIONAL TREATIES |
| India is one
of the certain countries as convention countries, which afford
to citizens of India similar privileges as granted to its own
citizens. A person from a convention country, may within six
months of making an application in his or her home country,
apply for registration of the trademark in India. If such a
trademark is accepted for registration, such foreign national
will be deemed to have registered his or her trademark in India,
from the same date on which he or she made application in his
or her home country. Where the applications have been made for
the registration of trademark in two or more convention countries,
the period of six months would be reckoned from the date on
which the earlier or earliest of those applications was made.
Although the recovery of damages for infringement of a trademark
is possible only if the infringement takes place after the date
of filing application for registration with the concerned trademark
office in India, yet the deemed seniority in making application
in home country may entitle the applicant to initiate an action
in India for injunction, delivery of impugned labels etc. |
| TERMS OF TRADE
MARK |
| The terms of
trade mark is of 10 (Ten) years from the date of application,
however it can be renewed after each 10 year on condition to
deposition of renewal fees payable in advance. |
| CONVENTION
COUNTRIES FOR TRADE MARK |
No. |
Country |
No. |
Country |
No. |
Country |
1 |
Antigua and Barbuda |
45 |
Ghana |
90 |
Niger |
2 |
Angola |
46 |
Greece |
91 |
Norway |
3 |
Argentina |
47 |
Guyana |
92 |
Pakistan |
4 |
Austria |
48 |
Gambia |
93 |
Panama |
5 |
Australia |
49 |
Grenada |
94 |
Paraguay |
6 |
Bahrain |
50 |
Guatemala |
95 |
Peru |
7 |
Bangladesh |
51 |
Guinea |
96 |
Philippines |
8 |
Barbados |
52 |
Guinea Bissau |
97 |
Portugal |
9 |
Belgium |
53 |
Haiti |
98 |
Papuan New Guinea |
10 |
Belize |
54 |
Handuras |
99 |
Poland |
11 |
Botswana |
55 |
Hong Kong |
100 |
Qatar |
12 |
Brazil |
56 |
Hungary |
101 |
Rwanda |
13 |
Brunei |
57 |
Iceland |
102 |
Romania |
14 |
Benin |
58 |
Indonesia |
103 |
Saint Kitts and Nevis |
15 |
Bolivia |
59 |
Italy |
104 |
Senegal |
16 |
Bulgaria |
60 |
Israel |
105 |
Singapore |
17 |
Burkina Faso |
61 |
Ireland |
106 |
Slovak Republic |
18 |
Burundi |
62 |
Jamaica |
107 |
South Africa |
19 |
Canada |
63 |
Japan |
108 |
Spain |
20 |
Cameroon |
64 |
Kenya |
109 |
St. Lucia |
21 |
Central African Republic |
65 |
Korea |
110 |
St. Vincent |
22 |
Chad |
66 |
Kuwait |
111 |
Surinam |
23 |
Chile |
67 |
Lesotho |
112 |
Swaziland |
24 |
Colombia |
68 |
Liechtenstein |
113 |
Sweden |
25 |
Costa Rica |
69 |
Luxembourg |
114 |
Sieria Leone |
26 |
Cote d' Ivoire |
70 |
Macao |
115 |
Slovenia |
27 |
Czech Republic |
71 |
Malaysia |
116 |
Solomon Islands |
28 |
Congo |
72 |
Malta |
117 |
Switzerland |
29 |
Cuba |
73 |
Mauritania |
118 |
Srilanka |
30 |
Cyprus |
74 |
Mauritius |
119 |
Tanzania |
31 |
Darussalam |
75 |
Mexico |
120 |
Thailand |
32 |
Denmark |
76 |
Morocco |
121 |
Togo |
33 |
Dominica |
78 |
Myanmar |
122 |
Trinidad and Tobago |
34 |
Democratic Rep. of Congo |
79 |
Madagascar |
123 |
Tunisia |
35 |
Djibouti |
80 |
Malawi |
124 |
Turkey |
36 |
Dominican Republic |
81 |
Maldives |
125 |
Uganda |
37 |
Ecuador |
82 |
Mali |
126 |
United Arab Emirates |
38 |
Egypt |
83 |
Mongolia |
127 |
United Kingdom |
39 |
Eil Salvador |
84 |
Mozambique |
128 |
United States |
40 |
Finland |
85 |
Namibia |
129 |
Uruguay |
41 |
Fiji |
86 |
Netherlands |
130 |
Venezuela |
42 |
France |
87 |
Nigeria |
131 |
Zambia |
43 |
Gabon |
88 |
New Zealand |
132 |
Zimbabwe |
44 |
Germany |
89 |
Nicaragua |
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