WHAT IS TRADEMARK
A trade mark (popularly known as brand name) in layman's language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
There are plenty of goods and services available in the market and it increases the confusion of the consumer. There are also many duplicate products available which are continuously decreasing the brand image of the established product.
To overcome this situation whenever any product enters into the market it always contains some identification mark.
This identification mark is also known as trademark.
IMPORTANCE OF REGISTRATION OF TRADE MARK
- Trademark protection is very important from the point of view of owner and consumer.
- Trademark protection provides relief and security against any unlawful act. It helps proprietor to protect his product and services.
- All the benefits of trademark protection can be enjoyed after the registration of trademark.
- Trademark registration in India protects the goodwill of the product and the same time also helps a lot for obtaining registration in foreign countries.
- Trade registration in India is generally for the duration of 10 years.
- It can be renewed further for 10 yrs but only after the payment of the prescribed fee.
ADVANTAGES OF TM REGISTRATION
- Protects your goodwill, which you have earned by being in business for a long period of time.
- Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm and thus discourages others from cashing on your Name for their wrong benefit.
- Prevents other firms from trying to register or use the Name which you have already registered /or have applied for Registration. It also protects any unique names.
- Gives an impression to your customers that the company is selling some standard Products / Services.
- Gives your products a status of 'Branded Goods'.
- The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicates so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.
HOW YOU CAN SELECT A TRADEMARK
- If it is a word it should be easy to speak, spell and remember.
- The best trademarks are invented words or coined words.
- We should avoid selection of a geographical name. No one can have monopoly right on it.
- Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
- It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
PERSON ELIGIBLE FOR MAKING TRADEMARK APPLICATION AND WAYS
Any person claiming to be the proprietor of a trademark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.
DIFFERENT TYPES OF TRADEMARK
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented
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