What is TradeMark?
TradeMark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, packaging, and combination of colors. The governing act for trademarks in India is the Trade Marks Act, 1999.
Any business with a registered trademark has the exclusive right to use the said registered trade mark i.e. right to exclude others from using similar or deceptively similar Trade Marks.
What is the benefit of Trademark registration?
It grants you the legal right to use your trademark exclusively in such countries. It also prevents any third party from using your trademarked brand name or logo without your permission. It also safeguards your products or services against violation. Most importantly, your registration is valid for ten years.
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.
The term Trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A Trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the Brand.
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the Indian Patent and Trademark Office... The (TM) symbol actually has no legal meaning.
A Trademark can be a symbol, logo, word, slogan, or a name registered to your company. It protects your image and ensures that other businesses don't infringe on your intellectual property.
An unregistered Trademark or common law mark is essentially the same thing as a registered trademark except that the owner did not register the mark with the Indian Patent and Trademark Office.
When you write a "C" with a circle around the letter, or use the word "copyright," you are giving notice to the public that the work is copyrighted and that you are the owner of the work.
Trademark Application Process:
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Trademark it. Trademarks protect words, names, symbols, sounds and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.
There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.
The symbol ™ (trademark) is sometimes used when a trademark has been filed (applied for) but not yet registered. As soon as the trademark has been definitively registered, the ® symbol is used. This stands for 'registered trademark'. ... Therefore, you are allowed to use them provided they refer to a registered trademark.
You cannot register a Trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.
In India, a trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that the products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.
A Trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a Trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
So, an individual can file for the registration of his trademark himself. The application can be filed online through the e-filing gateway available at the official website or in writing with the Indian Trademark Office (TMO).
Different Types of Trademarks:-
To be sure no one improperly uses your business's name or branding, you need to obtain a trademark. To do so, you'll need to file an application with the Indian Trademark Office (TMO). Filing an application does not automatically mean your trademark will be approved.
The best way to find out if your business name is taken is to do a business entity search within your state, check Federal Trademark Records, and search the web to find businesses with the same or a similar name.
In order to e-file Patent and Trademarks in India, the Controller General of Patents, Design and Trademarks (CGPDTM) has stipulated a Class 3 category digital signature certificate. Class 3 DSC provides the highest level of security and comes with 1 year, 2 year and 3 year validity.
Section 2(1) (e) of Indian Trademarks Act defines a certification mark as "a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services.
Yes, you can purchase a Trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.