Trademark Registration is becoming very essential for business entities around the world as more and more firms are coming up each day in a market with fierce competition. But what is Trademark Registration exactly and why is it so necessary?
A Trademark is basically a unique mark that is used by an individual, a business organization or a legal firm that establishes its entity and distinguishes it uniquely from others. It is acquired through a legal registration process and is a part of Intellectual Property Rights and is important tool of identification for prospective customers. It can be in various forms like :
A Trademark is basically a unique mark that is used by an individual, a business organization or a legal firm that establishes its entity and distinguishes it uniquely from others. It is acquired through a legal registration process and is a part of Intellectual Property Rights and is important tool of identification for prospective customers. It can be in various forms like :
· Words : Band - Aid, Vaseline, Aspirin, Dolby
· Names : Dacron, Dumpster, Formica, Frisbee, Ping-Pong, Post-it, Styrofoam, Teflon
· Logos and devices : Symbols for McDonalds, Nike, Apple, WWF, Google
· Combination of colors, shapes
Many words, which were originally registered as Trademarks, have now become an essential part of our vocabulary because of their immense popularity. This signifies how a Trademark can get diluted over time. In addition, a Trademark is also limited to National boundaries which constrict its use. Trademark Registration can be done in conventional & non-conventional forms and gives an entity the right to initiate legal proceedings against any person/firm for infringement and unauthorized use.
Types of Trademarks Commonly Seen:
· ™ A symbol of unregistered trademark
· ® A symbol of registered trademark
· SM A symbol of service - mark
· Other non-conventional Trademarks
Trademark Registration : The Process
· Rights can be acquired by two methods
o Through adopting the trademark and using it
o By applying to the Trademarks Registrar and paying a requisite fee
· Examination of the application resulting in approval or rejection
· Acceptance prior to Advertisement
· Publication of Trademark in TM Journal
· Issuance of Registration Certificate
The registration is done initially for a period of ten years after which, it has to be renewed after a gap of ten years.
Protection Criteria
A Trademark must make the goods or services of the proprietor / individual distinct from others and should not be similar in any way to existing / pending Trademarks
Trademark Act
Trademark Act of the US code is famous as the Lanham Act and it contains all the statutes of Trademark Laws prohibiting infringement & dilution of Trademarks across USA as well as illegal advertising.
Indian Trademark Registration
Trademarks are useful tools for registering the identity of an individual or organization but they are applicable only in the country where they were registered. Trademark Registration is susceptible to territoriality and every country has its own sets of Trademark Laws. Likewise, the process of Indian Trademark Registration differs from others and is governed by the Indian Trademarks Act 1999. The process of registering a trademark in India India are not legitimate in other countries and vice-versa but if an entity from a foreign country applies for the trademark in India
Indian Trademark Act 1999
An Act to amend and consolidate the law relating to trademarks, to provide for registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks.
The Indian Trademark Act applies to all states and union Territories of India. Trademarks should generally be registered in such a way that Indian Companies do not stand the risk of losing their identity while operating in the Global Market. In today’s world, when economic growth is taking place at a fast rate for developing countries likeIndia
Indian Trademark Act 1999
An Act to amend and consolidate the law relating to trademarks, to provide for registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks.
The Indian Trademark Act applies to all states and union Territories of India. Trademarks should generally be registered in such a way that Indian Companies do not stand the risk of losing their identity while operating in the Global Market. In today’s world, when economic growth is taking place at a fast rate for developing countries like
International Trademark Registration
The International Trademark Registration system is a central system covering all jurisdictions, known as the Madrid System. This system offers protection to its members by extending International Registration by means of the World Intellectual Property Organization. The organization works in accordance with the laws governing the registration / application of the Trademark contender in their home country.
The Madrid System simplifies the International Trademark Registration process by streamlining it for millions of applicants from different countries. It acts as a central body that registers trademarks through a single application filed in the home country and providing registration for other countries. Changes in the form of name or address as well as the renewals, take place by a single procedure and the extent of registration can also be increased to member countries easily.
Another international system for Trademark Registration exists for the European Union (EU), which is a political cum economic union of 27 European countries (also called member states) called the Community Trademark System (CTM). Registration here requires registering the Trademark with Office for Harmonization in the Internal Market (OHIM) which is applicable all across the EU. For a country that is not a member state, there should be professional representatives to the procedures before OHIM. The CTM operates side-by-side with the other International systems and offers a common platform for the EU countries for registering their trademarks in a uniform manner.
The Madrid System simplifies the International Trademark Registration process by streamlining it for millions of applicants from different countries. It acts as a central body that registers trademarks through a single application filed in the home country and providing registration for other countries. Changes in the form of name or address as well as the renewals, take place by a single procedure and the extent of registration can also be increased to member countries easily.
Another international system for Trademark Registration exists for the European Union (EU), which is a political cum economic union of 27 European countries (also called member states) called the Community Trademark System (CTM). Registration here requires registering the Trademark with Office for Harmonization in the Internal Market (OHIM) which is applicable all across the EU. For a country that is not a member state, there should be professional representatives to the procedures before OHIM. The CTM operates side-by-side with the other International systems and offers a common platform for the EU countries for registering their trademarks in a uniform manner.
WE provide trademark Registration Consultants @ Rs 2500 only (Excluding the govt fee)
VITAL CONSULTING,
H-1/114, Garg Tower, Netaji Subhash Place, Pitam Pura, New Delhi, INDIA PIN - 110 034
Phone: +(91)-97160-41789, 9716231789, 9716257859
E-mail: vitalconsultingindia@gmail.com, vitalcertifications@gmail.com
H-1/114, Garg Tower, Netaji Subhash Place, Pitam Pura, New Delhi, INDIA PIN - 110 034
Phone: +(91)-97160-41789, 9716231789, 9716257859
E-mail: vitalconsultingindia@gmail.com, vitalcertifications@gmail.com
