Trademark registration in India is done as per governments rule in India. A trademark is anything that indicates source, sponsorship, affiliation or other business relationship of the goods or services. A trademark is a type of intellectual property, it can be a name, phrase word, logo, symbol, design, image and a combination of these elements
Every Country has different law for patent registration. The law governing Patent registration in India is Patent Act, 1970. Patent registration 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 is a specialized process need experts. As Patent registration 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 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 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.