- Lawyer Mr. Shaman Jain
- Skills Intellectual Property Rights, Trademark Registration
- CATEGORY Intellectual Property, Trademark
ABOUT THIS PRACTICE
A trademark generally refers to the “brand” or “logo” Taglines, captions, business name etc needs the trademark registration. It is the visual symbol which is used by the owner of the trademark for goods or services or another purpose for commerce of trade to discriminate it from another similar goods or services originating from different businesses. It is used by manufacturers or service providers to identify their own products and/or services from many others easily. It is used to discriminate the owner’s products or services from goods of its competitors.
Trademark registration permits owners to easily establish their right to the trademark in court and get royalties.
The authorities such as The controller general of patents designs and trademarks and the Ministry Of Commerce And Industry also the Government Of India registers the trademarks in India. Trademarks are registered under the well-known Trademark Act, 1999.
The trademark owner possesses the right to prosecute for damages when violations for trademarks take place.
If any trademark is identical or similar to a prevailing registered trademark is applied for trademark registration then it cannot be registered as it may cause confusion with the original trademark.
The application for trade make can be made by Any person who is an individual, company, proprietor or legal entity claiming to be the owner of the trademark.
Once the trademark registration is done it is valid for 10 years from date of filing and can be renewed from time to time.
Various type/forms of trademark are as follows:
- Product Mark - Product Mark helps to identify the products or goods in place of services. Here the product is the unique selling feature of the company. In the beginning, the product marks are represented by TM, which states that the mark is not yet registered but it is in the process of registration. Once they are registered, they have to use ® to give it recognition in the market. This is common practice applicable to all types of trademarks.
- Service Mark - This type of trademark is used to recognize and differentiate the services rather than the goods/product provided by any enterprise. The Service marks have their particular character which is SM. A very prominent/ most common example is McDonald's, which is a service mark for restaurant services.
- Collective Mark - As the name suggests these marks are related with a group of people and not one single product/service. These trademarks are mainly owned by an organization, institutes or any association that is related to several members. Examples are like "CS" device is used by the members who fall under Institute of Company Secretaries.
- Certification Mark - This is produced to show the standard of a company i.e. it is to show that a trader's goods or services are certified as they are meeting particular required standards. Example: Wool mark, ISI etc. is the finest example of Certification Mark.
- Shape Mark/Pattern Mark - Here pattern is able to differentiate between the products.
- Sound Mark - It is introduced for registration of sound graphics that discriminates the products and services of one from another. Example: Nokia tune
- Legal Protection
- Good Will/Trust
- Brand Value
- Business Opportunity
- Unique Identity
- Exclusive Rights
- Power to Transfer Trademark to Other for Consideration
Easy steps to be followed for Trademark registration and time required to complete such a registration is a follows:
Approx. 1-2 Working Hours
Approx. 1 Working Day
Approx. 1-2 working Days
Approx. 18-24 Months