What are registratable trademarks?

		A trademark may be registered for ‘name per se’ and for ‘logo’ ‘label ‘or ‘device’. The 1999 Act also recognizes combination of colors, shapes and packing of the goods as eligible for being granted registration as a trademark.
		Even the mission statements, motto statements or other similar statements may be registered as a trademark if the same are applied to the product.
		It must be capable of distinguishing goods or services of one person from those of another.
		It should not consist exclusively of marks or indications used in general for referring to the characteristics of goods or services like kind, quantity, quality, intended values, geographical origin etc.
		It should not consist exclusively of customary marks or indication in the current language or in the bona fide or established practices of the trade.
		It should not be of the nature as to deceive the public or cause confusion.
		It should not contain or comprise of any matter likely to hurt the religious susceptibilities of any class or section of the citizen of India.
		It should not comprise or contain scandalous or obscene matter.
		Its use should not be prohibited under the Emblems and Names (Prohibition of Improper Use) Act, 1950.
		It should not consist exclusively of the goods resulting from the nature of the goods themselves.
		It should not consist exclusively of shape of the goods which is necessary to obtain technical results.
		It should not consist exclusively of shape that gives substantial value to the goods a designer watch having exclusive shape that gives it substantial value such a shape may be registered under the Designs Act, 1911 as a design and not as a trademark.
		Registration of a mark may be refused if its use in India is liable to be prevented under the law of copy right or under the common law of passing off protecting an unregistered trade-mark.

How to apply for registration of a trade mark?

1.		The application for the registration of mark other than a textile mark or certification of Defensive mark must be made in triplicate in appropriate form by self or through Registered Trademark Agent of India.
2.		The Application must be confined to goods comprised in one class only of the schedule to the rule.
3.		A representation of the mark should be affixed to the application.
4.		The five additional representations corresponding with the representation of the mark on the application must also accompany the application.
5.		The additional representation must contain the class and the specification of the goods for which registration is sought.
6.		It should also contain the name of the applicant, the period of the use, if any of the marks and such other particulars as may from time, be required by the registrar of Trade marks.
7.		It should be signed by the applicant or Trademark Agent.
8.		Where the applicant made for the registration of a series of Trade mark copies of representation to each Trade Mark of the series must accompany the application.

Stages in the registration process

1.		The applicant or Agent shall present his application to the Regional of office.
2.		The proceedings are notified in Trade Mark Journal, which is available on subscription.
3.		The examination procedure and communication are communicated, if the application is found in order for registration.
4.		The Trade Mark Journal will carry the advertisement.
5.		After the expiry of three months from the date of advertisement in the journal, if no opposition is filed the application proceeds for registration after paying the prescribed fees and the registration is entered in the Register of Trade Marks.
6.		Any person may within a period of three months from the date of advertisement in the Trade Mark journal give notice to the Registrar in form TM5.
7.		This period can be extended by 1 month by filing request in TM 44 for extension. The copy of the notice is communicated to the applicant and he is required to file a counter statement in form TM6.
8.		If no counter is filed within the stipulated time, the application is deemed to have been abandoned.
9.		If counter is filed, evidence should be let in.
10.		Upon completion of evidence, the registrar sends notice for hearing of arguments.
11.		After completion of arguments the registrar pronounces the order.
12.		The party aggrieved by the decision of the registrar may prefer an appeal to the High Court.
13.		If no appeal is filed, the application proceeds for registration of the mark.

Fundamental principles of registration

1.		Descriptive words, surnames and geographical name are not considered prima facie registrable.
2.		Registration of a TM should not interfere with the bona fide use by any person of his own name business etc.
3.		Prior user enjoys similar rights that are acquired by a person who has registered a mark under the Act.
4.		Trade mark should not mislead the public as to the origin of the goods.
5.		The trade mark to be registered shall not cause hardship to any one.
6.		The life of a trade mark depends on its continuous use; non usage may lead to its eventual death.
7.		Trade mark, whether registered or unregistered being a property is assignable and transmissible.
8.		Opposition for granting registration of trade mark may be done even by members of the public.
9.		The onus of proving a case for registration of trade mark is on the applicant of the trade mark.