What is a trademark?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

The selected mark should be capable of being represented graphically (that is in the paper form).

It should be capable of distinguishing the goods or services of one undertaking from those of others.

It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

 It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

What is the function of a trademark?

Under Modern Business Condition A Trademark Performs Four Functions

·         It Identifies The Goods / Or Services And Its Origin.

·         It Guarantees Its Unchanged Quality

·         It Advertises The Goods/Services

·         It Creates An Image For The Goods/ Services.

WHO CAN APPLY FOR A TRADEMARK AND HOW?

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.

The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

DIFFERENTTYPES OF TRADEMARKS THAT MAY BE REGISTERED IN INDIA

v  Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.

v  An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.

v  Letters or numerals or any combination thereof.

v  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.

v  Devices, including fancy devices or symbols

v  Monograms

v  Combination of colors or even a single color in combination with a word or device

v  Shape of goods or their packaging

v  Marks constituting a 3- dimensional sign.

v  Sound marks when represented in conventional notation or described in words by being graphically represented.

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