TRADEMARK REGISTRATION

ABOUT TRADEMARK REGISTRATION

Trademark protection is available for certain names, symbols, devices, or words that will be used in connection with a good or service. Technically, if a certain mark is associated with a service, it is called a “service mark,” but trademark is commonly used to refer to both marks associated with services and goods. The purpose behind trademarks is to allow companies and individuals to indicate the source of their goods or services and to distinguish them from others in the industry.

A trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. A trademark cannot, however, prevent another person or company from making or selling the same goods or service under a clearly different mark.

A trademark is a logo, image, symbol, word(s), letter(s) or color(s) that is used and sometimes legally registered as a representation of a company. For service industries, trademarks are often called service marks, particularly in the United States. Trademarks are often noted by way of ™, or ® if registered.

 

ADVANTAGES

LEGAL PROTECTION

You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.

UNIQUE IDENTITY

One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.

CREATION OF ASSET

Registered trademark can act as an asset as the owner of the trademark can easily sell franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

TRUST OR GOODWILL

As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.

POPULARIZES YOUR BRAND

Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.

DOCUMENTS REQUIRED

PROCESS

SELECT A TRADEMARK AGENT

Proprietors are only allowed to file a trademark application if their place of business is in India. If this is not the case, the right holder must file a trademark application through an agent or attorney. The agent or attorney usually takes care of the trivialities such as searching, preparing, filing and prosecution of the trademark.

DETERMINATION OF THE ELIGIBILITY AND AVAILABILITY OF THE TRADEMARK

The agent usually starts the registration process by determining whether the trademark is eligible for registration and conducting a clearance search to see if there is a similar mark in the office of the controller general.

COMPLETING THE APPLICATION FORM AND FILING

Registered trademark can act as an asset as the owner of the trademark can easily sell franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.

REVIEW BY THE TRADEMARK OFFICE

The trademark office reviews the application to see if it is complete and then allots the application a number. If the trademark is registered, this number becomes the registration number.

PRELIMINARY APPROVAL AND PUBLICATION, SHOW CAUSE HEARING OR REJECTION OF THE APPLICATION

The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999. After this, they issue an examination report within a period of one month. Depending on the examination report the registrar of the trademark determines whether the application must be accepted, rejected or put up for ‘show cause ‘ During a ‘show cause hearing’ subject to the facts an application might be rejected, accepted or accepted with certain limitations. If the application is rejected, the applicant can appeal at the Intellectual Property Appellate.

REGISTRATION

Within the term of three months publication in the Trademarks Journal, if not opposed by a third party, the trademark will proceed for registration and the trademark authority will proceed to give a registration certificate.

SYMBOLS

'TM' Symbol

This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

'SM' Symbol

It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

 

 

'R' Symbol

This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.