H.K. Acharya & Company

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Requirement I Classes I Power of Attorney

TRADEMARK & SERVICEMARK

The Trade Mark practice of LHKAC has been responsible for registering some of the most famous brand names and handles all aspects of trade mark work including clearance searches for new marks; applications for registration; service mark applications; advising on trade mark and passing off litigation; negotiating licenses and agreements.In any event, your trademark is the key element of your firm's image and credibility. It indicates at once a benchmark of quality. It builds consumer confidence and increases customer loyalty.

SIGNIFICATION OF TRADE MARK

As per the Trade Marks Act, 1999 Trade mark means a mark, that is a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter or numeral, shape of goods, packaging or combinations of colors or any combination thereof. It must be used or propose to be used in relation to goods or service, which are the subject of trade or manufacture. The mark must have some size to be a mark at all, but the size required to satisfy the Act cannot be defined.

SERVICE MARK APPLICATION IN INDIA

It is a mark similar to a trademark but applies to services rather than goods. Examples for - Insurance, Banking, Consultancy, Credit Card, Hotel, Real Estate, Transport, Education, Communication, Financing, Chit Funds, Material Treatment, Processing, Supply of electrical or other Energy, Boarding, Lodging, Entertainment, Amusement, Construction, Repair, Conveying of News or information and advertising etc.

CONENTION APPLICATION AND INTERNATIONAL TREATIES

India is one of the certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person from a convention country, may within six months of making an application in his or her home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in his or her home country. Where the applications have been made for the registration of trademark in two or more convention countries, the period of six months would be reckoned from the date on which the earlier or earliest of those applications was made. Although the recovery of damages for infringement of a trademark is possible only if the infringement takes place after the date of filing application for registration with the concerned trademark office in India, yet the deemed seniority in making application in home country may entitle the applicant to initiate an action in India for injunction, delivery of impugned labels etc.

TERMS OF TRADE MARK

The terms of trade mark is of 10 (Ten) years from the date of application, however it can be renewed after each 10 year on condition to deposition of renewal fees payable in advance.

CONVENTION COUNTRIES FOR TRADE MARK

No.	Country	No.	Country	No.	Country
1	Antigua and Barbuda	45	Ghana	90	Niger
2	Angola	46	Greece	91	Norway
3	Argentina	47	Guyana	92	Pakistan
4	Austria	48	Gambia	93	Panama
5	Australia	49	Grenada	94	Paraguay
6	Bahrain	50	Guatemala	95	Peru
7	Bangladesh	51	Guinea	96	Philippines
8	Barbados	52	Guinea Bissau	97	Portugal
9	Belgium	53	Haiti	98	Papuan New Guinea
10	Belize	54	Handuras	99	Poland
11	Botswana	55	Hong Kong	100	Qatar
12	Brazil	56	Hungary	101	Rwanda
13	Brunei	57	Iceland	102	Romania
14	Benin	58	Indonesia	103	Saint Kitts and Nevis
15	Bolivia	59	Italy	104	Senegal
16	Bulgaria	60	Israel	105	Singapore
17	Burkina Faso	61	Ireland	106	Slovak Republic
18	Burundi	62	Jamaica	107	South Africa
19	Canada	63	Japan	108	Spain
20	Cameroon	64	Kenya	109	St. Lucia
21	Central African Republic	65	Korea	110	St. Vincent
22	Chad	66	Kuwait	111	Surinam
23	Chile	67	Lesotho	112	Swaziland
24	Colombia	68	Liechtenstein	113	Sweden
25	Costa Rica	69	Luxembourg	114	Sieria Leone
26	Cote d' Ivoire	70	Macao	115	Slovenia
27	Czech Republic	71	Malaysia	116	Solomon Islands
28	Congo	72	Malta	117	Switzerland
29	Cuba	73	Mauritania	118	Srilanka
30	Cyprus	74	Mauritius	119	Tanzania
31	Darussalam	75	Mexico	120	Thailand
32	Denmark	76	Morocco	121	Togo
33	Dominica	78	Myanmar	122	Trinidad and Tobago
34	Democratic Rep. of Congo	79	Madagascar	123	Tunisia
35	Djibouti	80	Malawi	124	Turkey
36	Dominican Republic	81	Maldives	125	Uganda
37	Ecuador	82	Mali	126	United Arab Emirates
38	Egypt	83	Mongolia	127	United Kingdom
39	Eil Salvador	84	Mozambique	128	United States
40	Finland	85	Namibia	129	Uruguay
41	Fiji	86	Netherlands	130	Venezuela
42	France	87	Nigeria	131	Zambia
43	Gabon	88	New Zealand	132	Zimbabwe
44	Germany	89	Nicaragua

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