What Is Trademark Registration?
A trademark (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 colours 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. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions. We also provide services in Geographical Indication
KINDS OF TRADEMARK
COINED MARKS / INVENTED MARKS
LOGOS / DEVICE MARKS
WELL KNOWN TRADE MARKS
Procedure For Filing A Trademark
The process for registration of the trademark begins with a trademark search. We can help you conduct a trademark search to find marks/logos across classes. The Government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the trademark search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.
In most cases where the mark is unique, on filing the trademark application, the Learned Trademark Examiner would verify all details and approve for the publishing of the mark in the Trade Marks Journal. When the mark is published in the Journal for duration of four months, any person or entity would have the opportunity to oppose registration of the mark during this opposition period. If the mark is not opposed, then the trademark is accepted and the Registration Certificate is issued to the applicant with a validity of 10 years.
In case there are any objection on similarity and distinctiveness of the mark, then the process for registration could be lengthy and costly – involving various legal procedures and hearings. If there are similar marks and/or objection of distinctiveness, then the process could include objections and hearings – based on the Examiners decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application or the mark is non-distinctive and descriptive, he/she will issue a notice of objection. The objection notice must be responded within 30 days upon receipt. On responding to the notice, the mark will be accepted if the Learned Examiner is satisfied with the written submissions. If not, a Hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case your trademark application is objected by the Trademark Examiner, Our professional team can help you with filing an objection reply or appearing on your behalf at hearings – at a nominal additional cost.
Trademark Search, Brand Development And Strategy.
A trademark (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 colours 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. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
Response To Objections
Trademark objection will come when the trademark registry has reasons to object the application and ask for clarification on certain points. For the purpose of securing the trademark you have to file the reply regarding the objection within the 30 days from the issue of report. In reply, you have identify the list of reasons why your logo, slogan or brand name should be accepted. It is procedure which is needed by the Registrar and under the law.
In an objection of trademark application a reply is required, the clarifications on the objections by the registrar.
If the response is satisfactory, the registrar may accept the trademark and publish it in the trademark journal. In case the reply is non satisfactory the Registrar will appoint for a show cause hearing.
Our team members diligently keep a vigilant watch on the trademark journals which are being published by the trademark office on first day of every week (Monday). Trademark watch ensures that our mark is protected from an infringer or an unauthorized user. The watch is also a proactive measure to help the trademark owner to enforce his mark by acting against any infringement and misuse of his mark in a timely basis.
A Trademark is registered for tenure of ten years post which it is required to renew the application. A trademark renewal request can be filed one year prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register depending on the Grace and restoration period.
Trademarks like any asset can be transferred from one owner to another. Such transfers can take place in the form of an assignment, or merger or amalgamation between two entities.
Assignment of trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. An assignment can either be with goodwill or without goodwill
Assignment with goodwill: This is an assignment where the owner transfers the rights and value of the trademark as associated with the product it sells.
Assignment without goodwill: This is an assignment where the owner restricts the assignee to use trademark for the products he uses it for. That is, the goodwill attached to the owner’s brand with respect to the product already being sold under such brand, is not transferred to the buyer. This means that assignor & assignee both can use the same trademark but in dissimilar goods or services.
Removal/cancellation of a registered trademark
Cancellation of a registered trademark is a legal procedure in which an aggrieved person or party seeks to remove a registered trademark from the registry. There are certain conditions for Trademark. Section 47 of the Trademark Act deals with rules of removing trademark.
In this information website, many trademarks including logos and devices of various trademarks owners have been used only for the purpose of providing general information and reference and no effort has been made to claim any kind of ownership or relationship with the trademark, brand, logo or device and the referred trademarks, logos, devices, and other additional intellectual property matter is the sole property of the respective owner of the said trademark, logo, device, label, etc. Any reference to the same is only for the informative purpose and not for any other purpose.
Frequently Asked Questions (FAQs) - Trademark
Trademark is a visual symbol which may be name, label, numerals or combination of colours used by one proprietor in relation to his goods or services to distinguish them from other similar goods or services originating from a different proprietor.
a) It identifies the goods or services and its origin.
b) It guarantees the unchanged quality.
c) A Trademark helps the consumer distinguish between the goods.
d) A trademark protects the proprietor’s reputation.
A) It should be capable of distinguishing the goods or services of one undertaking from those of others.
b) It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
Registration of the mark confers upon the proprietor the exclusive right to use the trademark in relation to goods or services and to indicate so by using the symbol (R). Registered proprietor can establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The best trademarks are distinctive mark. Distinctive marks often include arbitrary or fanciful or coined terms and are capable of ascertaining one applicant’s goods (services) without any likelihood of causing confusion to the public.
Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.
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.
‘TM’ stands for Trademark. The use of TM symbol notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by Applicant of Trademark Application. Whereas, the ® symbol, can be used only once the trademark is registered and the registration certificate is issued by Trademark Registry.