What is Trademark
A trademark can be any word, title, symbol, label, name, signature, numeral or any combination thereof or any Slogan or Punch Line. It used to describe a product/ service in a better manner by which customers recognize or differentiate the products or services of one company from another. The trademark registration can be applied by anyone who uses or proposes to use the brand name for commercial purpose. Moreover, the trademark owner can be an individual, business organization, charitable trust or Government agency.
Importance of Trademark Registration
Once registered, the trademark officially becomes recognized as the owner’s asset. Thereafter has exclusive rights to prevent anyone form using a same or similar mark/logo for their brand.
Source and Quality:
Registered trademark gives the consumer the surety of the product source and conformity of its quality.
A trademark right is not a relative right or a claim right against a person but is an exclusive right effective against the public.
A registered trademark helps in promoting business through advertising.
Documents Required for Trademark Registration
- Soft copy of the logo
- Authorisation letter of Power of Attorney in Form TM-48
- MSMED Certificate or Startup India certificate for special concession in Govt. fees
- User affidavit for continued use for trademark
- Pan card of the applicant
- Identity, address and nationality proof documents
How to register a trademark?
- File Trademark Application
- Official search and examination
- Respond to examination( if required)
- Acceptance & Publication
- Opposition period
Grounds for refusal of registration of trademark
- The mark lacks distinctiveness
- The mark is descriptive of the characteristics of the goods or services provided
- The mark consists exclusively of the marks or indications which have become customary in the established practices of the trade
- It is likely to deceive public or cause confusion
- It comprises or contains scandalous or obscene matter
- Uses words that are prohibited under the Emblems Act
Names that cannot be used as Trademarks
- Generic/ descriptive names
- Names/ symbols or any other trademark closely similar to existing trademarks
- Names similar to established brands
- Names of national importance
- Prohibited Trademarks listed under the Trademarks Act.
- Words hurting religious sentiment
- Misuse of emblems etc.
Features of a Trademark
- It must be a mark that is a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter or shape of goods etc.
- It must be capable of being represented graphically.
- It must be capable of distinguishing the goods or services of one person from those of others.
- It must be used or proposed to be used in relation to goods or services
- The use must be of a printed or other visual representation of the mark
- In relation to services, it must be the use of the mark or availability or performance of services
- The use must be for the purpose of indicating the connection in the course of trade between the goods or services.
Types of Trademark
|Conventional Trademark||Non-Conventional Trademark|
|Word Mark||Colour Trademark|
|Device Mark/ Logo Composite Mark||Sound Trademark|
|Font or Letter Trademarks||Scent Trademark|
|Signature Trademarks||Motion Trademark|
|Slogan or Punch line Trademarks||Hologram Trademark|
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