Trademark

Trademark 

What is a Trademark?

A trademark gives identity to a brand; it is a recognizable sign, word, design or an expression which is used to identify the goods or services of a seller from those of others. It helps in securing the brand name from being used or misused by the competitors; it also helps prevent confusion and manipulation of consumers, who come to associate with quality and attributes of a distinct brand in particular.

Why to Register a Trademark?

Securing your unique name, word, tagline, symbol or logo is one of the most important investments for your business. You need to apply for protection of your Brand name so that others could not benefit from your investments. By registering it, you can obtain a full right over a trademark.

What are the minimum requirements for Trademark registration?

The Application of trademark signed by the applicant.

1. A detailed explanation of goods or services for which the application is made. Maximum 500 words.
2. A document stating the use of the trademark (first date) and by whom.
3. Trademark to be represented in its particular size and format.
4. 5 copied of additional representation of the mark along with the goods and services. The details of the applicant to be mentioned.
5. Specifically for Color mark, there needs to be one application with black & white representation of mark and 5 with the color mark.
6. For an application demanding 3-D mark, it should attach a 2-D representation or a photograph.
7. For packaging trademark, there should be minimum of 5 different looks of the product that is to be attached.
8. The translation is important, if there is any non-English word it is must to be translated into English for better comprehension.
9. For an application that claims priority, information about the date of earlier application along with a number of applications and the state or country in which the earlier application was filed is furnished.
10. Another important document to be submitted is the Power of Attorney which should have the name and status of the proprietor. It is not necessary to notarize the Power of Attorney.

Who can register a Trademark?

Anyone who claims to be an owner of a trademark can apply for trademark registration; it can be an individual, a business organization or a legal entity. But at times, there is confusion in deciding the ownership of the trademark, whether to register as an individual or under your company name?

Following are some points explaining the same:

1. If you own a company and brand are working for the company, then it should be registered under the name of the company, as it will help you create the valuation for your business
2. If you do not have any company, but you are planning to open a company, and also you are in a hurry to register the trademark, then you may proceed with the registering in your name and, later on, you can transfer ownership of brand to the company.

Difference between using a ™ and ® sign with a Brand Name?

Basically, the ™ sign is used when a trademark registration file is under process for that brand name; there is no such prohibition in India if you start using a ™ sign with your brand name before filing a registration application.

What are Trademark Classes?

Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). This classification is used by Indian Trademark Registry to classify the trademarks.
Goods are products, like computers and bottles.
Services are activities performed for the benefit of someone else, such as IT services or catering.

How to avoid Trademark Objection?

To avoid Trademark Objection, you need to select a proper trademark and for that keep in concern the following points:

1. In-depth research of the existing trademarks and thorough study of the database of trademarks.
2. Thinking of out-of-the-box, innovative, creative fancy and arbitrary mark which strikes consumers and potential customers.
3. Avoiding deceptive, disparaging and offensive language.
4. You can also take the advice of the trademark attorney and consult the Trademark Manual of Examination Procedure (TMEP) for further help.
5. Also, the trademark should give the feel of the quality product and a visible outpost of the company.

When can I use ® with my Trademark?

The ® mark can be used the application gets approved from the government. Generally it takes about 8 months to 2 Years for a TM to be approved.

Can a single trademark be used for services belongs to different classes?

Yes, single trademark application can be filed for different classes services but the fees for filling in each class is increased every time just like you have filed a single application for one trademark.

Do I have to hire an attorney when filing to register my trademark?

A trademark application can be filed by your own. Attorney’s are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys, if needed.


For Classes of Trademark click here