Creating A Thriving Business? Focus On Trademark!

Introduction

With all the new companies getting registered and the need to distinguish them was there and to resolve that trademark was formed. Trademark is a tool to create brand recognition for the owner of any growing company, it makes it easy for the customer to find or distinguish that brand from another and prevent any confusion between others.

What is a trademark?

Trademark could be a symbol or representative or indication which can distinguish a particular set of goods and services along with its owner or originator. According to section 2 (zb) of The Trademarks Act, 1999, trademark means, a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.

Characteristics of trademark

  • It must be a mark of any kind like label, ticket, name, signature, letter or numeral shape of goods.
  • It must be graphically represented.
  • It must distinguish the goods.
  • It must be a printed or other visual representation of the mark.
  • It must be a use of the mark as or as part of any statement about the availability, provision, or performance of such services.
  • It must be used in the relation to service or as a part of any statement about availability.

Functions of Trademark

  • Helps in the identification of the origin of the product
  • It assures the consumer with some quality that is unchanged even after a number of years of production and service by the trader.
  • It provides as advertise and marketing of the products to the trader.
  • Works as the symbol of business.

What is Trademark Infringement?

Trademark infringement is the unapproved use of anyone’s trademark or service mark on or in connection with other goods and/or services in a manner that may cause confusion or deception about the source of the goods and/or services. It can be done by a person who not being a registered proprietor or a person using by way of the permitted use.

What causes Trademark infringement?

  • Using the mark as it is.
  • Using it by removing its essential features with additions or alterations.
  • By using a similar or identical mark.
  • By Using a mark in a similar trade to that of the registered trademark owner.
  • Or Using the mark in similar goods and services.

Registration of Trademark

Any organization can register its trademark by following the given steps

  • Trademark Search
    Many people don’t take this earnestly the search or Trademark, But It is important to search for a new and unique Trademark so that it can be distinguished from others.
  • Filing Trademark Application
    After searching your Trademark, your brand name, and its logo which doesn’t look similar to others, then you can file a trademark application at the Trademark Registry India. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
  • Examination
    After filing the application, it is examined by the examiner for any discrepancies. If your trademark is accepted then it will get published in the Trademark Journal. If not accepted, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfill the conditions or respond to the objections.
  • Publication
    Then after examining and getting acceptance, it is published so that, if anyone has any objection to it they may oppose it within 3-4 months.
  • Registration Certificate
    Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate is provided under the seal of the Trademark Office is issued.
  • Renewal
    The trademark can be renewed endlessly after every 10 years. Hence, your logo or brand name registration can be protected endlessly.

 

 

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