A Trade Mark is a symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.

The object of Trade Mark is to deal with the precise nature of the rights which a person can acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof.

A good trademark should be easy to pronounce and remember if it is word mark. In case of a device mark -should be capable of being described by a single word / not descriptive and easy to spell. It should be appealing and not belong to the class of marks prohibited for registration that should satisfy the requirements of registration.

Functions of a Trade Mark :

• It identifies the product of its origin.
• It guaranties its unchanged quality.
• It advertises the products.
• It creates an image for products.

Trademark is a major asset of any company. Hence ' trademarks management ' in an enterprise comprises two aspects :

• Trademark Policy.
• Trademark Protection.

Trademark policy is a marketing function. Normally the marketing personnel of an organization will take care of this trademark policy letter known as ‘Brand Management’.

Trademark protection is a legal function .In small enterprise one of the tasks of the legal department is to assure the protection of company's trademarks. In large enterprises there is need to create a specific department known as ‘Trademarks department’ which will look after the ‘Trademarks Management’. Trademark protection is a legal function.

Information Required :

• Full name and address of Applicant.
• Specification of goods or services specified in terms of individual names.
• Class; International Class of goods and services.
• Mark-character, device, figure, three-dimensional mark, logo and/or color.
• Prior use is not required to file an application.
• Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is six (6) months.

Documents Required :

• Power of Attorney(neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
• Certified copy of the application which is the basis of the Convention priority (if applicable) may be filed within three (3) months from the Indian filing date.
• A clear print of the mark or 10 prints of color mark (not larger than 7cm x 7cm).

Jiya & Associates products for Trademarks are as under :

• International Search of Trademark in US, Canada, Europe (OHIM), Australia, India :
  • Fill up the accompanying Information Sheet and E-mail it to us.
  • We will revert back within 24 hrs with the cost estimate and mode of payment.
  • We will conduct the trademark search and give you the search report within 48 hrs.
• Trademark filing at US, Canada, Europe (OHIM), Australia, India.
  • Fill up the accompanying Information Sheet and E-mail it to us. Do not send it again, if already sent.
  • We will revert back within 24 hrs with the cost estimate and mode of payment.
  • We will file the application and confirm the same with the Trademark number within 48 hrs.
• Prosecution of Trademark application at US, Canada, Europe (OHIM), Australia, India.
  • Fill up the accompanying Information Sheet and E-mail it to us. Do not send it again, if already sent.
  • We will revert back within 24 hrs with the cost estimate and mode of payment.
  • We will file the application and confirm the same with the Trademark number within 48 hrs.