DETAILS
A TRADE MARK 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. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen.
A trademark may be designated by the following symbols:
• ™ (the "trademark symbol", which is the letters "TM" in superscript, for an unregistered trademark, a mark used to promote or brand goods)
• ℠ (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services)
• ® (the letter "R" surrounded by a circle, for a registered trademark)
Once a trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time of another 10 years.
Here is a list of those trademarks that cannot be registered:
• Generic words or terms. Generic words are common words that describe an entire class of goods or services.
• Surnames.
• Geographically descriptive or mis-descriptive terms.
• Scandalous or immoral marks.
• Deceptive marks.