Board Meetings : Application for Trademark

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Maharshi Shah

Board Meeting
Trademark Application

A board meeting is a formal gathering of a Board of Directors. Most of the organizations, being public or private, profit or non-profit, are ultimately governed by a body commonly known as Board of Directors. The members of this body cyclically meet to discuss strategic matters. Following are the requirements for filing a trademark application:

  1. The name, address, and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
  2. If the applicant is a company, the country or state of incorporation.
  3. A list of goods and/or services for which registration is required.
  4. Soft copy of the trademark to be registered.
  5. If the mark contains or consists of non-English words, a translation of those words into English is required.
  6. If the application is to claim priority from an earlier filed convention application, details of that application are also required (application number, filing date, country, and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
  7. Date of first use of the trademark in India, if at all used
  8. Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, the power of attorney to be executed in INR 100 stamp paper. And signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
Board Meeting - Application of Trademark

Moreover, there are four different types of trademarks that can be registered. They are as follows:

  1. Product Trademarks: are those that are affixed to identify goods.
  2. Service Trademarks: They are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.
  3. Certification Trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade. And which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features
  4. Collective Trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.

Thus, review your Board Meeting Minutes immediately after the meeting. When your board meeting minutes are complete and finished, make sure they are distributed to board members as soon as possible. Once the minutes are approved by a vote of the members during the board meeting, they become part of the official record of the organization. It’s important that a copy of all minutes are kept in one place.

Download Meeting Minutes
Download Sample Board Meeting for Application of Trademark
Download
Download Meeting Minutes
Download Sample Board Meeting for Application of Trademark
Download

FAQs

What is the validity of trademark registration?

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

How long does it take to register a trademark?

Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration. However, the trademark application number is usually issued within one or 2 days after filing.

What are the advantages of obtaining trademark registration?

1. Evidence of ownership of the trademark
2. An important asset for your business or company and contributes to the goodwill generated
3. It gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered
4. Trademarks can be sold, licensed or assigned
Registration usually covers the whole of India

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