The Trade Mark practice of HKINDIA 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 MARKS
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.
CONVENTION 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.
CONVENTION APPLICATION AND INTERNATIONAL TREATIES
No. | Country | No. | Country | No. | Country |
---|---|---|---|---|---|
1 | Antigua and Barbuda | 2 | Angola | 3 | Argentina |
4 | Austria | 5 | Australia | 6 | Bahrain |
7 | Bangladesh | 8 | Barbados | 9 | Belgium |
10 | Belize | 11 | Botswana | 12 | Brazil |
13 | Brunei | 14 | Benin | 15 | Bolivia |
16 | Bulgaria | 17 | Burkina Faso | 18 | Burundi |
19 | Canada | 20 | Cameroon | 21 | Central African Republic |
22 | Chad | 23 | Chile | 24 | Colombia |
25 | Costa Rica | 26 | Cote d' Ivoire | 27 | Czech Republic |
28 | Congo | 29 | Cuba | 30 | Cyprus |
31 | Darussalam | 32 | Denmark | 33 | Dominica |
34 | Darussalam | 35 | Denmark | 36 | Dominica |
37 | Ecuador | 38 | Ecuador | 39 | Eil Salvador |
40 | Finland | 41 | Fiji | 42 | France |
43 | Gabon | 44 | Germany | 45 | Ghana |
46 | Greece | 47 | Guyana | 48 | Gambia |
49 | Grenada | 50 | Guatemala | 51 | Guinea |
52 | Guinea Bissau | 53 | Haiti | 54 | Handuras |
55 | Hong Kong | 56 | Hungary | 57 | Iceland |
58 | Indonesia | 59 | Italy | 60 | Israel |
61 | Ireland | 62 | Jamaica | 63 | Japan |
64 | Kenya | 65 | Korea | 66 | Kuwait |
67 | Lesotho | 68 | Liechtenstein | 69 | Luxembourg |
70 | Macao | 71 | Malaysia | 72 | Malta |
73 | Mauritania | 74 | Mauritius | 75 | Mexico |
76 | Morocco | 77 | Myanmar | 78 | Madagascar |
79 | Malawi | 80 | Maldives | 81 | Mali |
82 | Mongolia | 83 | Mozambique | 84 | Namibia |
85 | Netherlands | 86 | Nigeria | 87 | New Zealand |
88 | Nicaragua | 89 | Niger | 90 | Norway |
91 | Pakistan | 92 | Panama | 93 | Paraguay |
94 | Peru | 95 | Philippines | 96 | Portugal |
97 | Papuan New Guinea | 98 | Poland | 99 | Qatar |
100 | Rwanda | 101 | Romania | 102 | Saint Kitts and Nevis |
103 | Senegal | 104 | Singapore | 105 | Slovak Republic |
106 | South Africa | 107 | Spain | 108 | St. Lucia |
109 | St. Vincent | 110 | Surinam | 111 | Swaziland |
112 | Sweden | 113 | Sieria Leone | 114 | Slovenia |
115 | Solomon Islands | 116 | Switzerland | 117 | Srilanka |
118 | Tanzania | 119 | Thailand | 120 | Togo |
121 | Trinidad and Tobago | 122 | Tunisia | 123 | Turkey |
124 | Uganda | 125 | United Arab Emirates | 126 | United Kingdom |
127 | United States | 128 | Uruguay | 129 | Venezuela |
130 | Zambia | 131 | Zimbabwe |