What Can Be Trademarked?
Trademark is a brand, slogan or a logo. A brand name can be a word or a combination of words. A slogan is a short phrase and a logo is an attractive picture or a symbol. To register the trademark, one need to fill the application online
While registering trademark certain points need to be taken care such as
- Arbitrary words - The word must have a relation with the product.
- Suggestive marks - The marks should specify the attribute of the product.
- Avoid generic words - Trademark does not contain words such as ‘color name’, ‘nationality’, ‘Plethora’ of others.
- Avoid purely descriptive words - Words which describes the nature or quality or services of the goods.
- The usage of Personal name, Surname and God and Goddess name should be avoided While registering for trademark litigation names and surname cannot be used.
Advantages Of Trademark Registration
If your trademark is registered, you are having legal right to use that trademark and nobody else can use that trademark. If that trademark is used by any firm, you can pursue for the legal action.
To select the unique trademark, one need the trademark consultant to establish a unique identification in domestic as well as international market and make sure it is not used by any other for similar goods or services. The trademark is built in such a way that it doesn’t infringement any law.
Trust or Goodwill
As registered trademark brings the uniqueness of the product, which easily create a sense of trust, goodwill and quality in the minds of the customer.
Popularise your brand
It helps you to get popular name among people which are a great sign for the company.
Requirements and Procedure for Trademark Registration
Before filing the trademark, there is a need of Preliminary Search of trademark which needs to be determine on following basis
- Logo according to the product.
- Logo should be clear rather than confusing.
- Trademark Infringement
- Objections from Registry.
Trademark search can be conducted in basis of
1. Word Search
2. Device Mark Search
File trademark application
The application of trademark can be filled by paying certain amount as government fee. Trademark application has three categories
1. Ordinary Trademark Application: It refers to an application filed for a single class of goods or services.
2. Multiclass Trademark Application: It refers to an application filed for more than one classes of goods or services.
3. Convention/Priority Trademark Application: It refers to an application registering trademark on the basis of priority.
Filling of Form ™
In filing of trademark application one need to fill the relevant data such as
2. Type of Applicant.
3. Address of Applicant.
4. The class/es of the Trademark
Issue of Examination Report
The trademark registry generates examination report which are available on website. The trademark registry shows whether the trademark is accepted in examination report or not.
Trademark publication occurs in stage process of filling, examination, publication, opposition, registration and renewal.
1. Filing: An application can be filled for single or multiple classes.
2. Examination: After application, the trademark needs to be examined under Trademark Act.
3. Publication: After examination, its reply and once accepted by the Trademark Registry the application is published in Trademark Journal.
4. Opposition: After publication, opposition to its registration is filed by filing the notice of opposition with the Registry. The notice needs to be filled with a period of 4 months.
5. Registration and Renewal: The application of trademark is registered if no opposition if filed for a period of 10 years and renewed timely for period of every ten years.
The related person/company to that trademark can file notice of opposition against the trademark with a period of four months from the published date. The notice of opposition can be filed along with evidence in support of application.
Trademark Registration )®
A trademark is registered in India for duration of 10 years from the date of application. Once the application is filled and payment process is done, the trademark will be examined and published and then registration will be done, if there is no opposition occurs.
The registration of the Trademark is under Indian Trade Marks Act 1999 and is valid for a period of next ten years from the date of filing and need to be renewed from time to time. It can also be renewed for an unlimited period on payment of renewal fees.
If the trademark has been removed from the Register of the trademarks, then it can be restored by filling an application after six months or within an year from date of expiration of last registration.
Under Section 47 of the Indian Trademark Act provides the registered trademark from the Register of Trademark. Trademark cannot get registered with a bonafide interest or no use for time duration of continuous 5 years and 3 months from date of issuance of the registration certificate.
Rectification can be done by observing an error in registering the trademark. Under Section 57 of the Indian Trade Mark Act,
1. Registration needs to be done on boards without any sufficient cause.
2. The renewal fees have not been paid.
3. Not using the trademark for more than 5 years.
Sometime two company has same symbol and design and they are registering so only one can be done under section 29 of the Trademark Act 1999 Use of trademark by a person who is not being registered proprietor of the trademark, the matter reach to supreme court and action for infringement is taken.
Under Section 49 of the Act, the agreement is made within six months from the date of application; the power of attorney signed in favour of agents. The unregistered trademark has no right for infringement.
Trademark application can be filled in more than one class. Trademark class is distinguished into a set of Goods and Services. While filing the trademark application, it is necessary to mention the trademark class. If in case there is a wrong selection of trademark class then there will be problem in trademark registration process. Use of trademark class finder tool will help in selecting the proper goods and services. Classification Assistance - TMclass