Trademark

What is Trademark

A Trade Mark is a symbol used in relation to any goods to indicate a Trade connection between the goods and the person using the mark. The main functions of a Trade Mark :
i. It identifies the products and helps to distinguish the goods of one enterprise from those of others.
ii. It guarantees the consistency of the quality of the goods and
iii. It is a focal point of advertisement of the products. A Trade Mark becomes a silent salesman & represents the goodwill of a business enterprises.

Selection of Trademark

i. A mark may be a word, letter, a device or numeral or any combination thereto.
ii. If it is a word, let it be short and easy to remember. Avoid words, which may be directly descriptive of the character of quality of the goods, or geographical names in its ordinary significance.
iii. Ideally the trade mark may consist of an invented or coined word. The signature of a person is a good mark.
iv. The word which is commonly used and accepted name of any single chemical element or compound is not a good mark.
v. A market survey would be advisable to avoid unintentional adoption of mark already in use by any other person in respect of the same goods.
vi. Avoid copying of another's trade mark or well-known trade marks even if your goods are different.

Registration

Registration of Trade Mark though not compulsory, gives better protection under the Trade Marks Act, 1999 and the Rules framed thereunder. For purpose of search and registration, the goods are divided in to 42 classes. Every application has to be in respect of the goods comprised in one class.

Procedure on Application

After examination of the application, an examination report will be issued to the applicant. The applicant is entitled for a hearing at the appropriate office, in case of any objections. Where the application is accepted, the mark will be advertised in the Trade Marks Journal. If there is no opposition to the registration within the prescribed period or if the opposition is decided in favour of the applicant, the application will proceed to registration. After the mark is registered, a certificate of registration on Form 0-2 will be issued.
The registration for a period of 10 years from the date of application and may be renewed for successive period of 10 years on payment of the prescried renewal fees. Failure to pay the renewal fees may result in removal of the mark.