A trade mark may be a word signature, name, device, label, numerals or combination of colours used by an undertaking, on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Under the Trade Marks Act, 1999, goods and services are classified according to the International Classification of goods and services. Schedule IV of the Act provides a summary list of such goods and services falling in different classes: but this is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall.   

The different types of trademarks available for adoption are:

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 colours or even a single colour 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.

The Trade Marks Act, 1999 replaced the Trade and Merchandise Marks Act 1958; comprehensively amending and consolidating the law relating to trade marks in India. The new Act was considered necessary in view of the developments in trading and commercial practices, increasing globalization of trade and industry, the need to encourage investment flows and transfer of technology, the need for simplification and harmonization of trade mark management systems and to give effect to some important judicial decisions. Non-conventional trademarks like combination of colours per se, three-dimensional marks, smells, sounds, and taste, were not capable of being registered under the Act of 1958.

The new Act specifically provides for the registration of the shape of goods, their packaging and combination of colours as trademarks. Although smells, sounds, taste and holograms are not specifically mentioned, the predominant legal opinion seems to suggest that the newly amended definition of trade mark is wide enough to include these non-conventional marks within its ambit. Since the definition of mark is inclusive in as much as it states specifically includes a device etc., it is submitted that the mark would also include smells, sounds, moving images and holograms.

With respect to colours, the definitions of trade mark and mark only refer to a combination of colours. The difficulty arises when an applicant chooses to make an application for a single colour only. My submission is that the definition of mark and trade mark does not exclude a single colour.

Sub Rules (3) and (4) of Rule 29 of the Trade Marks Rules, 2002 provide that where the mark is a three-dimensional mark, the reproduction of the mark must consist of a two dimensional graphic or photographic reproduction as follows, namely:

i) The reproduction furnished must consist of three different views of the trademark.

ii) Where, the Registrar considers that the reproduction of the mark furnished by the applicant does not sufficiently show the particulars of the three dimensional mark, he may call upon the applicant to furnish up to five further different views of the mark and a description by words of the mark.

iii) If the Registrar is still not satisfied, he may call upon the applicant to furnish a specimen of the trademark.

iv) Where the application for the registration of a trade mark consists of the shape of goods or its packaging, the reproduction furnished must consist of at least five different views of the trade mark and a description by word of the mark. If the registrar considers that these views do not sufficiently show the particulars of the shape of goods or its packaging, he may call upon the applicant to furnish a specimen of the goods or packaging as the case may be.

Smell or scent is not directly referred to in the definitions of mark or trade mark under the 1999 Act. However, the definitions do not exclude smell or scent. No smell or scent trademark has been advertised in the Trade Marks Journal since the Act and Rules framed there under came into force on 15th September 2003.

A precise written description can represent a scent. The application should include the trademark, which is represented graphically, for example, the scent of roses. It should be followed by a clear an accurate description, as for instance, the scent of roses applied to cycle tyres and this must be set out in the application for registration. Such a written description is the only practical way to describe a scent or smell and conveying an easier understood meaning to a person who wants to search the Register of Trade Marks.

There is nothing to prevent sounds from being registered as trademarks as well, even though sounds have not been specifically mentioned in the definitions of mark or trade mark. These sounds must be capable of graphical representation. A musical notation for instance, would be acceptable as graphical description of a sound mark. If the sound emanates from a musical instrument, then this should also be mentioned. Onomatopoeic words, sonograms or spectrograms may also be accepted as graphical representations.

Even holograms or moving images are not specifically included in the definition of mark or trade mark. However, there appears to be no reason why they may not be registered as trademarks. A portion of the sequence comprising the entire moving image, such as the first or last frame could be provided as long as the description of the mark clearly references the entire sequence. A single image may not adequately represent the mark, and it may be preferable to juxtapose several representative frames, to give a better sense of the overall sequence.

There is nothing to show in the Act or Rules there under to treat non-conventional trademarks different from traditional trademarks. In fact, the inclusion of shape of goods, packaging, or combination of colours in the definitions of mark and trade mark seems to show that there is no different treatment to accord to non-conventional trademarks. The test of registrability of the trademarks is whether the mark indicates a source or origin. Tests for deciding whether a trademark is inherently distinctive have been laid down in India, U.K. and Australia and would be applicable on a case-to-case basis since the Trade Marks Registry is yet to publish a Manual of Practice and Procedure.

Such a manual would considerably assist an applicant to lead proper evidence of distinctiveness. It will take considerable effort on part of Organizations such as AIPPI (Indian National Group) and IPLPA (Intellectual Property Law Practitioners Association), particularly in terms of capacity building. Officials of the Trade Marks Registry can be trained in the modern law of trademarks including the registration of non-conventional trademarks.

The design registration in India confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to a better protection of his intellectual property. He can take legal action for infringement, if his right is infringed by any person. He can sell or license his design as legal property for a royalty or consideration. Registration originally confers this right for ten years from the date of registration. If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will finish. There is provision for the restoration, which is filed within one year from the date of termination in the prescribed manner.
The main purpose of design registration is to see that the artisan, creator, of originator of a design having an aesthetic look is not deprived of his genuine reward by others applying the same look to their goods. Essential requirement for registering design is that the design should be new or original, which is not previously published or used in any country before the date of application for registration. The novelty and originality may reside in the application of a known shape or pattern to a new subject matter. India Trademarks have been defined as any sign, or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings. The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the services or goods in respect of which the trademark is registered.

Every Country has different law for patent registration. The law governing Patent registration in India is Patent Act, 1970. Patent registration in India can be filed either alone or jointly with a partner or by legal representative of a deceased inventor. Several documents are required for further processing. Patent Registration in India is a specialized process need experts. As patent registration in india is a very complicated procedure so it can also be done with the help of good attorney who would able to guide through the entire process of patent registration in India.Patent registration offices established under the ministry of commerce & industry, department of industrial policy & promotion are available to guide the applicant. Patent office looks after the various provisions of patent law relating to grant of patent.

Whether its trademark registration in delhi, Bangalore or Mumbai, the important point to be noted regarding trademark registration in India is that Trademark registration confers on the proprietor a kind of monopoly right over the use of the mark which may consist of a word or symbol legitimately required by other traders for bona fide trading or business purposes, certain restrictions are necessary on the class of words or symbols over which such monopoly right may be granted. Therefore while trademark registration in India one should make it a point that descriptive words, surnames and geographical names are not considered prima facie registrable as per Section 9 of the Trade and Merchandise Marks Act, 1958. To be an effective trademark registration in India one should keep in mind that the  registrable trademark should be distinctive and should not be similar to any other trade mark registered for the same or similar goods or used by a competitor whether registered or not because in the case of a similar mark used by a competitor but not registered difficulties for registration will arise if the owner of the mark chooses to oppose the registration.

With the stupendous growth of the education sector, educational institutes are becoming increasingly complex organizations just like corporate houses. So, today educational institutions deserve the best modern management practices and state-of-the-art technology, which improves performance in terms of cost, speed, & accuracy. In these days of information overdrive, it is most critical to have an Enterprise Resource Planning System (ERP), which is a complete solution to all the educational management hassles.

Globals Inc is one such organization, which fills the gap in the global market for. school management software (Education ERP). Globals Inc. was started in the year 2000 by Suhas Gopinath at the age of 14 years from a mere cyber cafe in Bangalore and later moved to United States. Globals has drastically grown from a small home office to a globally recognized multinational company with presence in more than 11 countries offering world-class quality solutions in Web, e-Commerce, and Mobile for various industries including Education, Finance, and Governments.

EducationERP.net™ is a flagship product of Globals Inc. Globals has a remarkable experience in service-offering for the Education Industry since its inception starting from Basic School Management Systems to Mission Critical enterprise systems for the Higher Education and Universities.

EducationERP.net is the unique application that helps every educational institution to be a winner. It is built in close cooperation with Educational stakeholders (viz. Executives, Administrators, Students, and Faculty) across the globe. Concisely, educationERP.net is a comprehensive and an extremely user-friendly solution with Web 2.0 interface and mobile enabled ERP.

EducationERP.net is built on the latest technology platform and is highly reliable. It helps in better resource utilization, streamlines flow of information, and improves decision-making capability. It increases productivity by considerably reducing business process cycle time. It generates various reports viz. on Admission, Attendance, Performance, Placement, Online Examination, Bus Management, Library, Inventory, Payroll, and Accounts etc.

educationERP.net- School Management System is complete school management software designed to help schools create a strong educational foundation by equipping them with advanced technology for reliable, fast school management and administration. In addition, this school management software offers Multi-language support allowing schools to use the school software in their familiar native language in addition to English.

Uses of educationERP.net’s School Management Software:

Automate Registration & Admission
Manage Student Information Efficiently
Manage Classes, Subjects according to requirements
Automated Time Table Generation with a number of options
Transport Maintenance Management
Trace Students & Staff Attendance
Library Management
Staff Salary Generation & expenses Management
Automated Examination Management System
Maintain Grades , Create Grade Book
Analyze the Performance of a class
Manage Hostel Boarding & lodging
Manage your own Security
Countless MIS Reports Generation

EducationERP.net makes it easy to notify students and parents with online notice board, E-mail, SMS regarding attendance, fees, events, examination, results, performance, reports etc. Every student and parent will be given unique ID’s to access these information. It reduces effort of staff spent on doing unproductive activities by automating activities like generating several reports etc. Hence, they can focus more on academic activities thus improving quality of education.

In a nutshell, EducationERP.net of Globals aims at simplifying education management.

Intellectual Property is one of the fastest growing legal fields in India specially after the signing of GATT. With the revolution of information technology, a multitude of problems has cropped up that demand immediate legal assistance. Agarwal & Co. is involved in all kinds of Intellectual Property Rights matters including Trade Marks, Patents, Copyright and Designs. Agarwal & Co. provide advice on the creation and protection of intellectual property rights connected with information technology especially pertaining to telecommunications, software etc. Agarwal & Co. advise clients on issues including:

•           Interacting with various government departments on intellectual property matters and for obtaining various permissions

•           Agreements for the use, supply, licensing and maintenance of software and hardware

•           Registration of Trade Marks

•           Registration of Copyrights

•           Registration of Patents & Designs

•           Licensing of Intellectual Property Rights and agreements

•           Infringement and Passing-off actions

TRADEMARK APPLICATION PROCESS

Process of filing a Trade Mark Application in India and Grant of Trademark Registration Certificate involves the following steps as shown below herein:

NAME SEARCH:

It is recommended to conduct a Trademark name availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration. The cost of the search is generally quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others.

FILING OF APPLICATION BEFORE THE TRADE MARKS OFFICE:

The next step in getting a trademark registration is the filing of Trade Mark Application in Form 1, with the logo or word mark (as may be applicable), along with the applicants’ particulars, including his address (incase of a company, the registered address of the company). A duly notarized Power of attorney, on stamp paper has also to be submitted.

EXAMINATION:

The Trademark Office will examine the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and completion of supporting documents, if accepted, the Trademark Office will issue an acceptance order and the Trademark is ordered for publication. We shall need additional evidence at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark. Examination generally occurs within 3-4 months of filling of Trademark application, but the request for the expedite examination of an application can also be made, which costs 5 times the govt. fee for filling the Trademark application.

DOCUMENTS/INFORMATION MAY BE REQUIRED TO PROVE DISTINCTIVENESS:

» The extent of advertisement with a few sample copies of advertising material and brochures;

» The quantum of usage with a few invoices and the last gross annual sale of the goods under the Trade name;

» The extent of use of the mark in respect of time and area;

» A brief write-up on the importance attached to the trade mark in particular;

» The class of costumers and their standard of intelligence and education;

» The date of commencement of the use of the mark;

» If the trade mark has been registered in several countries and the law of Trademark is similar to that of India, certified copies of the registration of the marks in such countries may also be provided to us.

OPPOSITION OF MARK:

When the Trademark is advertised in the Trademark Journal, then third party can oppose the registration of the Trademark within the 3 months from the date of the Trademark journal made available to the public.

IF OPPOSED BY GENERAL PUBLIC

If the Trademark application is opposed, then the Trademark office will request evidence in writing from both parties. If the dispute is not settled by the parties, then matter is determined at a hearing. Registration of an opposed Trademark application will be delayed pending till the determination of the opposition.

REGISTRATION:

In the absences of opposition, a Trademark is registered, and the relative certificate of registration is issued for 10 years from the date of filing of an application. It took tentatively 24-30 months from the date of filling of the Trademark application upto the final registration of the Trademark.

Agarwal & Co. – Trademark, Patent Attorneys, New Delhi INDIA

india company incorporation
Incorporation of Companies in India and setting up of branch offices of foreign corporations in India are regulated by the Companies Act, 1956. The Companies Act of 1956 sets down rules and regulations for the establishment of both public and private companies in India.Minimum number of Directors and shareholders: -
a) For incorporating a Private Limited Company a minimum of two directors are required and minimum two shareholders.
b) For incorporating a Public Limited Company a minimum of three directors are required and minimum seven subscribers.Certificate of Incorporation is issued by the
ROC, from which date the company comes in to existence.

company registration india
In India, the incorporation of a company is governed by the Companies Act 1956, which is administered by the Central Government of India. It applies to whole of India and to all types of companies, whether registered under this Act or an earlier Act. But it does not apply to universities, co-operative
societies, unincorporated trading, scientific and other societies. Incorporation is the most important piece of legislation which empowers the Central Government to

regulate the formation, financing, functioning and winding up of all types of companies. Under the Companies Act, an entrepreneur can form two types of companies, namely a private company or a public company.

limited company registrations
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.A limited company has following advantages:
Members’ (the directors and shareholders) financial liability is limited to the amount of money they have paid for shares.
The management structure is clearly defined, which makes it easy to appoint, retire or remove directors.

online company registration
online registration has become easy and comfortable. There are many reasons which make it compulsory to register the company name.here are many online services on internet from where you can get the registration form and register your company name with your own secretary, director, shareholder and
registered office. The online facilities to get the company registration form and registration of company name make person comfortable.This online company
registration is very fast, cheap and easy lawful entities assimilation. This online service also provides help and advice on starting :
business,business development,corporate recovery,financial planning

company formation in india
A Private Limited Company is a Company limited by shares in which there can be maximum 50 shareholders, no invitation can be made to the public for subscription of shares or debentures, cannot make or accept deposits from Public and there are restriction on the transfer of shares. The liability of each
shareholder is limited to the extent of the unpaid amount of the shares face value and the premium thereon in respect of the shares held by him. However, the liability
of a Director / Manager of such a Company can at times be unlimited. The minimum number of shareholders is 2.
The range of our services in this category include :
Incorporation of companies, trust & societies
1.Winding up proceedings of defunct companies,trusts & societies
2.Incorporation of public & private limited companies, trust and societies

Basic Principles of Registration of Trademark India

The purpose of the Trade and Merchandise Marks Act, is to provide for the registration and better protection of trade of trade marks and to prevent the use of fraudulent marks on merchandise. In consonance with this object the following fundamental principles of trade mark law are embodied in the various provisions of the Act :

(i) Since registration confers on the proprietor a kind of monopoly right over the use of the mark which may consist of a word or symbol legitimately required by other traders for bona fide trading or business purposes, certain restrictions are necessary on the class of words or symbols over which such monopoly right may be granted. Thus descriptive words, surnames and geographical names are not considered prima facie registrable (See Section 9 of the Trade and Merchandise Marks Act, 1958).

(ii) Registration of a trade mark should not interfere with the bona fide use by any person of his own name or that of his place of business, or the use of any bona fide description of the character or quality of the goods. (See Section 34 of the Act) 

(iii) Property rights in a trade mark acquired by use are superior to similar rights obtained by registration under the Act. It, therefore, follows that prior users of trade marks should be protected against any monopoly rights granted under the Statute (See Section 33 of the Act)

(iv) There are obviously two main interests to be protected when a trademark is presented for registration. There is first the interest of the public. A trade mark ought not to be registered if its use will be apt to mislead the public as to the origin of the goods they are purchasing. There is also the interests of other traders who are entitled to object if the use of the trade mark proposed for registration will be calculated to enable the applicant`s goods to be passed off on the public as such other traders` goods. Thus a mark which is similar to a mark already registered or used for similar goods will not be allowed registration. (See Section 11 and 12 of the Act)

(v)  It may so happen that a trader honestly used a trade mark for a number of years although an identical or similar mark has been registered or used by another. It will obviously cause hardship to such a trader if he is deprived of the benefits of registration. There is, therefore, provision for registration of such marks subject to suitable conditions and limitations. (See Section 12(3) of the Act).

(vi)  Broadly speaking, the life of a trade mark depends on its use ; and continued non-use may lead to its eventual death. There is, therefore, no equitable or logical basis for the continuance of the protection afforded by registration where the mark is no longer in use for a sufficiently long period. The principle is recognized in the Act by providing for removal of a mark from the register on the ground of non-use.( See Section 46 of the Act)

 (vii) A trade mark is recognized as a form of property. The term “proprietor of a trade mark” is used in the definition of a trade mark and also in various other provisions of the Ac. It should, therefore, be assignable and transmissible as in the case of other forms of property. Having regard to the peculiar nature of this property, the Act has taken care to impose various restrictions and conditions for the assignment or transmission of property rights in a trademark, whether registered or unregistered. (See Section 36-44 of the Act)

(viii) Granting the benefits of registration under the Statute is not only a matter of interest to the applicant seeking registration, but is a matter in which the public is also interested. It is, therefore, necessary that any member of the public who wants to object to the registration should be permitted to do so. The Act accordingly provides for advertisement of the application and opposition thereto by any interested party. (See Section 20 and 21 of the Act).

Trademarks not registerable India

 The following trademarks are not registrable :

(i) a trademarks the use of which would be likely to deceive or cause confusion ; (Section 11(a) of the Act.)

(ii) a trademark the use of which would be contrary to any law for the time being in force (See Section 11(b) of the Act)

(iii) a trademarks comprising or containing scandalous or absence matter ;  (See Section 11(c) of the Act)

(iv) a trademark comprising or containing any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India ;  (See Section 11(d) of the Act)

(v) a trademark which would be disentitled to protection in a court of law ; [Section 11(e) of  the Act.]

(vi) a trademark which is identical with or deceptively similar to a trade mark already registered in respect of the same goods or goods of the same description ; [Section 12(1) of  the Act.]

(vii) a word which in the accepted name of any single chemical name or chemical compound in respect of chemical substances ; [Section 13 of the Act.]

(viii) Trademarks prohibited under the Emblems and Names Act.