How to Select Trademark name for Trademark registration in Cochin
How to Select Trademark name for Trademark registration in Cochin
Select or creating the precise trademark is a crucial step, because it’s miles an vital element in the marketing strategy of your business. So what is the ideal trademark for your product(s)? It appears there are no difficult and fast rules, however the following are recommended factors to recall:
1. The proposed trademark have to meet the legal necessities so that it can be registered.
2. It is recommended to make sure that, if the trademark includes one or extra phrases, the word/s are easy to read, write, spell and do not forget, and appropriate for marketing purposes in all styles of media
3. The text ought to now not have undesirable connotations either in your own language or in any of the languages of ability export markets
4. The trademark ought to not be equal or confusingly just like current emblems and the corresponding domain name (Internet address) must be available for trademark registration.
When deciding on one or more words as your trademark you should additionally think about the implications of selecting the following varieties of phrases:
5. Coined or ‘fanciful’ words.
These are invented phrases with none intrinsic or real meaning. Coined words have the benefit of being easy to protect, as they’re more likely to be taken into consideration inherently extraordinary. On the poor side, however, they’ll be more hard to consider for consumers, requiring extra efforts in advertising and marketing the products. Typical examples are Kodak and Exxon.
6. Arbitrary marks.
These are words that have a meaning that bears no relation to the product they advertise. While these types of trademarks will be easy to protect, they’ll also require heavy advertising and marketing to create the affiliation among the mark and the product inside the minds of consumers.
7. Suggestive marks.
These are marks that trace at one or a number of the attributes of the product. The enchantment of suggestive marks is they act as a shape of advertising and marketing. A mild risk, however, is that some countries may bear in mind a suggestive mark to be too descriptive of the product and reject its trademark registration in Cochin. One example of a suggestive mark might be Coppertone for solar cream.
8. Avoid in simple terms descriptive words.
Words which describe the nature or quality of the products or services bought with the mark aren’t accepted to be registered. Hence, the mark “Strong Tea” to be used with Tea can’t be registered because it describes the actual product being sold. If registered, it’d prevent all and sundry from the usage of the phrases Strong, to describe their beverage.
9. Avoid regularly occurring words.
The intention is to pick a trademark that is as particular and one of a kind as possible; therefore, avoid common phrases. Examples of established phrases include “Green, Best, Super, Indian, Canadian, American, Deluxe, Gold, Premium” and a plethora of others. These phrases are well-known and if you comprise them into your trademark, you make sure which you mixture into the crowd, now not stand out in the front of it.
10. Avoid Personal Name, Surnames and God or Goddess Names
Name and Surnames usually can not be registered as trademarks. The call “DINESH” “KRISHNA” “ARJUN” “RAMA” or surname “PARMAR”, “PATEL” “SHAH” or God or Goddess call “VISHNU” “SHANKAR” “LAXMI” “BHAVANI” “DURGA” “AMBA” for instance, is a poor desire for a trademark due to the fact the phrases contain non-public call and surname. However, long-time period use of such mark can be considered for Trademark registration.
Irrespective of the sort of mark you choose, it is critical to avoid imitating present logos. A barely altered competitor’s trademark or a misspelt famous or famous mark is not likely to be registered
TRADEMARK REGISTRATION IN INDIA
1. THE APPLICATION
Application for registration of an everyday trademark (such as a provider mark) ought to be filed in Form TM-1. The Form have to be filed in triplicate followed by five additional representations of the Mark. Apart from this, 1 representation ought to be affixed to the Form itself.
Application for trademark registration claiming Convention Priority should be filed in Form TM-2. To sign in a Collective Mark the utility should be filed in Form TM-three and for Certification Marks the utility have to be filed in Form TM-4.
All packages must be accompanied by means of the prescribed official price and a Power of Attorney, if filed via an agent. The Power of Attorney need to be made in the prescribed form, Form – TM 48. It should be signed by using the Applicant and duly stamped. The Power of Attorney may be filed next to the submitting of the utility however inside a duration of preferably three (three) months from the date of submitting of the software.
2. THE TRADE MARKS REGISTRY HAVING JURISDICTION
There are five Trade Marks Registries in India. These Registries are located in Ahmedabad, Delhi, Mumbai, Chennai and Calcutta. An software ought to be filed at the Trade Marks registry within whose territorial jurisdiction the Applicant is placed. For packages originating from outdoor India, (and if the Applicant does no longer have a place of job in India) an appropriate Registry is the one in whose jurisdiction the principal place of job of the agent in India is positioned.
3. PRIORITY CLAIM
India ratified the Paris Convention in December, 1998. An application for trademark registration of a alternate Mark claiming convention priority can be filed inside 6 (six) months from the date of filing of corresponding utility inside the respective jurisdiction. To claim priority, a licensed replica of the convention software is required.
Intent to use packages can be filed in India.
5. TRADEMARK SEARCH
It is appropriate to conduct a Trademark search to envision the existence of earlier registrations of identical marks. Thus a long way it has been alternatively bulky to behavior trademark searches in India because it was to be achieved manually. The digital database of registered and marketed logos is now to be had. This has made trademark search clean and expeditious.
A Trademark search may be conducted via making a proper request for seek in Form TM-54. Each such request need to confine to a given class. The Search Report will be made to be had within 30 days from the date of request.
The new law gives for expedited search. An application for expedited search ought to be filed in Form TM-seventy one and a document could be issued inside 7 days from the date of request. The charge for expedited search is five (five) instances the regular fee.
6. COMPANY NAME SEARCH
As in line with the new law (Rule 32) a request can be made to the Registrar of trademarks (in Form TM-11) to cause a search and issuance of a certificate to the effect that no change mark identical to the call of a organization has been registered or is pending for trademark registration in Cochin with the Registrar.
7. DISTINCTIVENESS OPINION FROM THE REGISTRAR
One of the important capabilities of the Indian trademarks regulation is that the Registrar’s opinion may be sought as to the uniqueness of a trademark. A request to this impact can be made in Form TM-55. The Registrar will advice whether the Mark proposed to be registered is prima facie distinctive. The Registrar will deliver his advice mostly within 7 days of submitting this request.
8. PROSECUTION OF APPLICATION
Upon filing a trademark application, the Trade Marks Registry will difficulty cash receipt bearing the Indian trademark utility range. Ordinarily inside 30 days from the date of submitting, the Trade Marks Registry will problem a copy of the Additional Representation bearing the Application Number and Date of Filing.
As in keeping with the new regulation, an Applicant for trademark registration is entitled to make a Request for Expedited Examination. This request, to be filed in Form TM-63, must be filed in conjunction with a assertion stating the cause for such request. The official rate for an expedited examination is 5 instances the utility price. In the event an applicant files a request for expedited exam, the Registrar will issue the exam report inside 3 months from the date of request.
The specification of products or services if exceeds more than 500 characters, the prescribed fee ought to be paid for every extra character. Also an Application in Form TM-61 ought to be filed at the side of the utility for registration of the mark, if the number of characters in the goods/carrier specification exceeds 500.
Typically the office action will set out diverse objections regarding the registrability of the Mark. If citation objections are raised, the Examiner will append a search report citing the particulars of the previous trademark registration. The applicant is required to reply to the First Office Action inside three (three) months from its date of communication.
The applicant, if complies with the necessities of the Trade Marks regulation, the Mark might be time-honored in due course. The Trade Marks Registry thereafter advertises the Mark inside the Trade Marks Journal.
The trademark stays open to competition for three (three) months, that’s extendible for a in addition 1 month upon request, within the prescribed form, with the aid of someone interested to enter opposition. If a Notice of Opposition is filed within this period, the application enters the opposition complaints which entails serving a replica of the Notice of Opposition with the aid of Registrar at the Applicant, the Applicant’s counter statement within [2 months from the date of receipt of Notice of Opposition], the evidence by using opponent, the further evidence with the aid of the Applicant, and hearing, if any and the Registrar’s Decision permitting or rejecting the competition.
If there may be no opposition towards the proposed registration or the competition lawsuits have been decided in desire of the Applicant, the Trade Marks Registry will proceed to supply the Trademark Registration in Coimbatore.
11. TERM OF REGISTRATION & RENEWAL
The Mark upon trademark registration could be in force for a time period of Ten (10) years. It must be renewed each Ten (10) years thereafter.
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