Trademarks

What is a trademark? (World Intellectual Property Office Definition)

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or “marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs

What does a trademark do? (World Intellectual Property Office Definition)

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement.
In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.

Some Examples of Trade Marks

Trade Mark Protection

Brand Equity is becoming one of the most valuable assets in the competitive global economy. Your name is your fortune. It is absolutely crucial that you should protect your brand and benefit from the goodwill and image associated with it. You can do this by registering your Trade Mark, which is one of the Intellectual Properties, the others being Industrial Design, Patent and Geographical Indications. Trademark Registration not only protects your investments of yesterday in brand building but also enables you to commit resources for tomorrow with confidence. You have already registered your mark of your Trade (Municipal Registration, License, etc.).

Now is the time to register your Trade Mark

What is a Trade Mark?

A Trade Mark (popularly known as Brand Name) is an identification symbol – word, device, label, numerals or their combination, which enables the consumer to distinguish it from similar goods

What can be registered as a Trade Mark?

The Trade Mark applied should not be confusable or conflicting with earlier existing Trade Marks used by others for same goods or services.
It should not fall in the prohibited categories as directed by the Government. A Trade Mark application can be both for existing or proposed ones.
Before applying, it is always advisable to conduct a search (either online or at the TM Office) to avoid duplication or conflict.

What are the benefits of registering a Trade Mark?

The registration of a Trademark confers upon the owner, exclusive rights to use the trademark in relation to the goods/services registered for. He has the right to take legal action under this protection against infringement and can look forward to enhance his brand image and recognition.
The rights of the Trade Mark are applicable only in India and separate applications are needed for each country.

Who can apply for a Trade Mark?

Any person or organization can apply for a Trade Mark by applying on a prescribed form and its requisite fees along with proper drafting stating the nature of the goods/services at the appropriate office of Trade Mark Registry based on residence or place of business or address of service in case of foreign applications.

Is it compulsory to register a Trade Mark? Can it be renewed?

No, it is not compulsory to register a Trade Mark. However, only a registered Trade Mark is protected under Trademark & Merchandise Act, 1958 (1999), enabling the owner to take legal action against infringement and enhance his brand identity in the market thus garnering more returns to his business.
A Trade Mark is renewable very ten (10) years

Can a Trade Mark be cancelled and when?

If a trademark is not continuously used for a period of five years and one month, a Trade Mark can be removed on an application from the affected party.

It is always advisable to take professional help

For more information, please visit www.auromaaassociates.com