Protecting your trademarks – your business name as well as your product or service names
A full trademark search should be obtained prior to using the mark. It is important to determine both whether the mark can actually serve as your trademark, and whether use of the mark would potentially infringe the trademark rights of anyone else. If the results of the search are positive, an application to register the mark may be filed. Trademark registration provides a presumption of the right to use the mark in connection with your goods or services throughout the India. An application for registration of trademark can be filed based on a bonafide intention to use the mark in connection with your goods and services. However, he will need to actually use the mark in connection with goods or services in order to complete the registration process. Furthermore, actual trademark rights result from actual use of the mark in connection with goods and services, not from registration of the mark. The use of trademark protecting the right to use the trademark within the current geographic area in which it is currently used. However, it will not stop someone else from filing an application to register a confusingly similar trademark.
If this application is allowed, they will have a presumption of the right to use the name throughout the entire country, and the owner will lose the right to expand his business under his current trademark without initiating an opposition or cancellation proceeding against the owner of the other trademark. Early registration provides the best, least expensive protection for the trademark. Business name or domain name registration is granted unless there is an exact match to the proposed name. The standard for trademark infringement is likelihood of confusion, requiring a much broader search to ensure that you may use a particular name without risk of liability. It depends on the strength of the other trademark and the degree to which the proposed trademark is different, but it cannot be safely used such as trademark. The standard for trademark infringement is likelihood of confusion. If use of the modified name would still cause a consumer to believe that your product or service is affiliated with or endorsed by the other trademark holder, then it would be liable for trademark infringement. A full clearance search is always recommended before beginning use of any trademark.
Best way to protecting a newly created logo
If the logo serves to identify a source of goods or services, then trademark protecting is the best form of protecting. However, the logo may also be appropriate subject matter for copyright protection, and both forms of protecting should be considered. The specific manner in which he wants to use the logo should be reviewed. In many cases the logo will be viewed as ‘decoration’ rather than as an identifier of a source of goods or services.
Initially a cease and desist letter can be sent, explaining and demonstrating the rights of the trademark, and demanding to stop using the confusingly similar trademark. Occasionally this is enough to persuade someone to pick a different name. If that doesn’t work, then the owner can file suit for trademark infringement, with the goal of obtaining monetary damages and an injunction. Once they are aware of the infringement accusation, if they fail to take reasonable action to ensure that they do not infringe, they risk liability for willful infringement, subjecting them to potentially enhanced monetary damages and attorney fees. They must act promptly to ensure that they are not infringing the trademark. The rights of the accuser to their trademark, as well as the rights to the trademark, must be investigated to determine who has superior rights, and in which geographic state those rights are superior. The similarity of the trademarks, the strength of the trademarks, the goods or services sold under the trademarks, and other factors must be reviewed to determine whether a likelihood of confusion exists. If there is no likelihood of confusion or if they have superior rights in the relevant geographic region, they can inform the accuser of this fact, and can continue their activities with relative safety. If infringement appears likely, then steps can be taken to reduce their liability for trademark infringement, including discontinuing use of the infringing trademark, negotiating a coexistence agreement, etc.
Trademark can be protected in foreign countries
If one wants to register the trademark abroad, there are three main ways to do it;
- National Route: One has to apply to the trademark office of each country in which he is looking for protection by filing the related application in the requisite language and by paying the needed fees. A country may require you to use the localized patent agent.
- Regional Route: If one desires to apply for protection in countries, which are Members of the Regional Trademark System, you may apply for registration with effect in the territories of all member countries by filing an application at an applicable regional office.
- International Route: If the home country is a member of the Madrid System, and your trademark has been certified or applied for in or with effect in that country, you may use the Madrid System (Administered by WIPO) to register your trademark in more than 70 countries.
You can protecting your Trademark in foreign countries through the Madrid Protocol. After filing an application for Indian registration, a trademark owner may file an international application through the Indian Patent Office. If this application is filed within 6 months of the Indian application’s filing date, it may claim the filing date of the Indian application. The application will be examined by the International Bureau of the World Intellectual Property Organization. If the trademark is registered by the International Bureau, then the trademark application will be transmitted to the individual countries in which the applicant seeks protection for examination in these countries. Although the laws of each country vary, in most cases actual use of the trademark within each country in which trademark registration in cochin is pursued will be necessary to obtain registration in that country, or to defend a registration in that country.
Same trademark be put-upon for different products
A company may use the same trademark for its different products, depending on its branding strategy. Extending a present brand to new products enables the new product to make profit from the image and reputation of the mark. However, whatever the choice, one must make sure that the trademark is certified in all categories of goods and/or services. Trademarks may be altered or evolved over the years in order to develop the image of the company or adjust to new promotion media. One will have to confer with the trademark agent whether a specific change will need the submission of the new application and payment of relevant fees.
Time period of a trademark protection
The term of as trademark registration in Cochin is for a period of ten years. The renewal is possible for further period of 10 years each. Different from patents, copyrights or industrial design, trademark rights can last till eternity if the owner process to use the mark. However, if a certified trademark is not revived, it is likely to be removed from the register.