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Trade Mark

What is a Trade Mark?
Trade Mark 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.
Trade Mark provides an identification of the source of

Goods or its manufacturer.

Services or its provider.

to distinguish the product or services from those of other.

In nutshell, Trade Mark is a "badge" of trade origin and used as a marketing tool so that customers can recognise the product / service of a particular trader. Mark is a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

Examples of trademark

Corporate name1
Corporate name2
Product name
Logo
Punchline

What is a well-know Trade Mark?

A mark which has become so to the substantial segment of the public which uses such goods or receive services such that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.
For Example: Nike, Mercedes Benz, Coca Cola, Crocin, Taj Hotels

Rights of Trade Mark holder are Exclusive right to use a trademark to prevent others from using similar or deceptively similar marks Statutory protectionRight to use TM & â TM to indicate that you are claiming rights to the mark before it’s registered. â to indicate that the mark is actually registered in the Trademarks Registry.

Selection of Trademark
1. To be registered, a trademark must be:

Distinctive for the goods and services.
Not similar or identical to any earlier marks for the same or similar goods and services.
Non-descriptive.
Not contrary to law or morality.

2. If it is a word it should be easy to speak, spell and remember.

3. The best trademarks are invented words or coined words.

4. Avoid selection of a geographical name.

5. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc).

B. Identification of Classes for Register of Trademarks.
The goods and services are classified as per the International classification. The Fourth Schedule of the Trade Marks Rules, 2002 provides a list of such goods and services falling in different classes.

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THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002


ADMINISTRATIVE STEPS INVOLVED IN REGISTERATION OF TRADE MARK

Very briefly, an application for registration of trade marks can be filed either online or offline. The offline application can be filed before the IP head office at Mumbai or its branches at Delhi, Kolkata, Chennai and Ahmedabad, according to territorial jurisdiction in which the Applicant having its principal place of business. Upon receipt of Applications, the Registrar of Trade Mark examine the same mainly with regard to the distinctiveness,possibility of deceptiveness and conflicting trade marks. Normally, it takes around eight to twelve months from the date of filing the application. The IP office aim to reduce this period to one month by 2017. Upon issuance of the examination report, the applicant will get an opportunity to remove the same by filing written submission along with documentary evidence of use or distinctiveness. The Registrar of Trade Mark will consider the written statement and evidence of use or distinctiveness and decides whether the application should be accepted for registration or not. If not accepted then another opportunity for removal objection is given by way of personal hearing; and if accepted then the application will be published in the official gazette i.e. Trade Marks Journal. Within a prescribed period of four months any aggrieved person can file an opposition against the application. Opposition proceeding is like a civil suit wherein both side will submit their written submission and evidence followed by hearing. Any decision of the trade mark office can be appealed before the IP Appellate Board (IPAB). Normally, the registration of trade mark takes around eighteen to twenty months from the date of filing the application provided no objection(s) and/or opposition(s) are filed against the application.

For Trademark registration flowchart ClickHere

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