DETAILS
A TRADE MARK is a type of intellectual property consisting of a recognizable sign, design, or expression which
identifies products or services of a particular source from those of others, although trademarks used to identify
services are usually called service marks. Trademarks in India are listed by the Controller General of Patents
Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under
the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks
happen.
A trademark may be designated by the following symbols:
-
™ (the "trademark symbol", which is the letters "TM" in superscript, for an unregistered trademark, a mark
used to promote or brand goods)
-
℠ (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or
brand
services)
- ® (the letter "R" surrounded by a circle, for a registered trademark)
Once a trademark registration process is done, the R symbol can be applied and the registration will become
valid
for 10 years. Registered trademarks nearing expiry can regularly renew the registration process by filing a
trademark renewal application for a time of another 10 years.
Here is a list of those trademarks that cannot be registered:
- Generic words or terms. Generic words are common words that describe an entire class of goods or
services.
- Surnames.
- Geographically descriptive or mis-descriptive term
- Scandalous or immoral marks.
- Deceptive marks.
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
- Proof of Applicant
- PAN Card and Address Proof of Applicant
ADVANTAGES OF TRADEMARK REGISTRATION
- Exclusive Rights: The owner of Registered Trademark enjoys
exclusive right over the trademark. The owner can use the same for all the products falling under the
class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop other from
the unauthorised use of the Trademark under the same class where it is registered. It gives the right to sue
the unauthorized user of the Trademark Registered.
- Builds trust and Goodwill: The established quality of your
product and services are known by everyone through the trademark and which establishes trust and goodwill
among the customers in market. It helps in creating permanent customers who are loyal and always opt for the
same brand.
- Differentiates Product: It makes easy for customers to
find your products. It makes your product and identity of products different from that of the existing and
foreseen competitors and acts as efficient commercial tool. The logo can communicate your vision, quality or
unique characteristic of your company and any organisation.
- Recognition to product’s Quality: It gives recognition to
the quality of the product. Customers attach the product’s quality with the brand name and this image is
created in the market about the quality of a particular brand which helps in attracting new customers as they
can differentiate the quality of a product by the logo/brand name.
- Creation of Asset: Registration of Trademark creates an
intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which
can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset which
gives the advantage to the organisation.
- Use of ® symbol: Once the trademark is registered you can
use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark.
It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also
sue the party if the trademark is registered.
- Protection against infringement: No competitor or other
person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it
without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal
protection under the Act and stop the person doing so.
- Protection for 10 Years at low cost: Online Trademark
registration is done on a very low maintainability cost. Once you register the trademark you have to just pay
the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost
efficient and helps your company create an unique image.
- Global Trademark Registration: If one wants to register
the trademark in countries other than India, the trademark registered in India can be used as basis of
registration there. For any person willing to expand outside India, the trademark registered in India can
provide a good base along with the Established Goodwill in the Country.
- Attract Human Resources: Young minds aspire to join big
Brands as it acts as a magnate. It inspires the positive image of the organisation and thus candidates are
attracted towards them easily. This reduces the cost towards hiring and related activities.
FAQ
But the basic principle is that the trademark applied for should not be substantially altered affecting
its identity. Subject to this changes are permissible according to rules detailed in the subordinate
legislation.
It can be removed on application to the Registrar on prescribed form on the ground that the mark is
wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a
registered trademark.
- An invented word or any arbitrary dictionary word or words, not being directly
descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under
the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols.
- Monograms
- Combination of colors or even a single color in combination with a word or device.
- Shape of goods or their packaging.
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being
graphically represented.
