A trademark is a distinctive mark or identifier used by an individual or an organization which is mainly used for easily indicating products of one trader from those of another. Shortly, a trademark is a safeguard of the trader. Trademark Registration is not a mandatory in India but it is highly advisable. Why because, you get an exclusive rights on your brand name after registration. A trademark is incorporeal asset and it is a safeguard of the goodwill of your goods and services which gains more benefits after the registration process economically. It takes 8 months for complete registration process if there no objection and opposition. From this, you can protect brand name from third party. The term of trademark registration is 10 years from the date of the application and the registered proprietor has to be renewed the every 10 years. For renewal process nothing can be examined, rather the Trademark Registry checks the statutory period of prior registration. A good trademark should have the following characteristics:
- Easy to spell, pronounce and remember by the all kind of customers;
- Must not have the deceptive and phonetic similarity and must distinctive in nature;
- Should not be descriptive;
- Should not have the common word like your own name. Because most of the people having name as yours;
- Laudatory name or names like best, perfect must be avoided.
A trademark is designated in India by the following:
- TM – TM mark which is placed in top right corner of your brand name, which mentions the brand name is unregistered and it is only used to promote or brand goods. There is absence of prohibition on the use of the symbol TM in India;
- R – R mark which is placed in top right corner of your brand name, which mentions the brand name is registered; Registered proprietor of trademark is only use these® mark. The ® mark indicates the trader is registered proprietor, unless the mark is registered in India is unlawful.
Benefits of Trademark Registration
Trademark registration has many advantages and benefits, as follows:
- Indicating the origin of goods and services to the customers;
- Trademark Registration is mainly used for advertising the goods and services of the trader;
- Safeguard the commercial goodwill of the trader;
- Aware the customers to the right product and protect from the duplicate similar second quality products.
For filling a trademark application you should have a registered Trademark agent. He/she is only having the right to file a trademark application. In India, the trademark filling fee will be 4500 for individual, start-ups, Small and medium scale industries(SME), and 9000 for partnership firm, LLP, OPC, and public limited company and private limited company and trust or society and other forms of entities. All Trademark application must be filed at the registered intellectual property offices in India which are located at Chennai, Kolkata, Mumbai, Delhi and Ahmadabad). These locations serve only the particular jurisdiction areas. It is decided based on the place of business of the proprietor or owner of the trademark or the trademark agent in case of proprietor who lives in other national territory.
The following type of words can be registered as trademark:
- Names which may be unique;
- Coined or invented words i.e., not a similar name;
- Shape of goods;
- Sound marks;
- Signature of your own;
Except from the following the service marks and the collective marks also include in Trademark registration process. Service mark is same as to the trademark, but it identifies the source of services not a product i.e., goods. Collective mark is one of the types of trademarks which is used by the organization or association. These marks mainly used for identifies themselves to the level of quality, accuracy, and geographical origin, and other characteristics of the organization. Before filing a trademark application, the Trademark search can be conducted. The Indian Trademarks registry offers a website www.ipindia.nic.in for public search. It contains the all the entries in the registry and fully updated data in Online. By using this, people can finalize the trade name which is move to the trademark filing process.
And also three dimensional marks (3D) can be registered in India as per the Trademarks Act, 1999. Sound trademarks can have the rights of registrability in India under the Trademark Rules, 2017 as it has to be submitted in the MP3 format not exceeding thirty seconds length recorded on a medium which allows for easy and dearly audible replaying accompanied with a graphical representation of its notations. However, smell Marks cannot be registered under the Trade Marks Act, 1999 as definition of trade mark makes it clear that in order to constitute a trade mark it should be “represented graphically” [section 2(1)(zb)]. Domain name is being used as a service mark or a trademark. If it is merely used to utilizes the URL or address at which a website may be found, such use is not sufficient. It must be used as a source identifier for the trader goods and services. By the way, the distinctive marks cannot be registered as a trademark. It cannot be registered as a trademark unless it has obtained distinctiveness and popularity by way of its extensive use.
Some of the restrictions are considered while registering a trademark. The marks which cannot be registered as follows:
- Mark which is deceive and cause confusion to the public;
- Mark which hurt the religious susceptibility of any class or any group or section of people;
- Marks which prohibited under the International non-proprietary names;
- Marks which prohibited under the Emblems and Names Act, 1950;
- Marks which contain scandalous and absence matter.
Who can apply?
Any person who is the proprietor or owner of the goods and services for which he is using or intends to use is eligible to apply a trademark registration application. At the time of filing the trademark registration application, the proprietor or owner of the trademark, must have the intention to use the mark. And also the proprietor is foreigner or NRI have the right to register the trademark in India. The Indian Trademarks Act is obedience with the TRIPS Agreement and provides for protection of well-known trademark registration and also provides the trans-border reputation. If the registered proprietor wants to remove their trademark in Trademark registry, will made a removal application to the Trademark Office, which process is called rectification or cancellation of trademark. In case of closing your business before 10 years period, the rectification or cancellation of trademark process can be carried on. Also, any person who is eligible to file a name or mark in more than one class i.e., called multi-class application. There are 45 classes for trademark registration process which contains all kind of goods and services. Class 1 to class 34 contains the products classes i.e., goods. Class 35 to 45 mentions the services. The proprietor has to be filed his or her trademark as per the classification of classes. For more clarification about Trademark registration in Tirupur, kindly visit our site and feel free to contact us.. We assisting you in a right way.. Thanks for reading!!!