A Trade Mark is a distinctive sign or indicator which is used by an individual or any entity to represent the goods and services manufactured and marketed by that party. A Trade Mark may be anything from a word, symbol, letter, sound, smell or shape which distinguishes the goods and services covered under it from that of other third parties. In today’s world of business and marketing, a consumer has options and alternatives for almost any good or service that it might be interested in. A Trade Mark therefore is used by a manufacturer or service provider to enable its consumers to differentiate its goods or services from that of other third parties.
A Trade Mark acts as a source identifier for the goods and services and thus, helps the consumers to locate a particular manufacturer or service provider among the competition that exists in the market.
As a Trade Mark coupled with high quality goods and services, it plays a very important role in retaining existing customers as well as attracting future consumers. In this manner, a Trade Mark becomes an important aspect for the financial growth and future development of any business entity. It is an utmost imperative to protect ones rights in a Trade Mark as any lack of enforcement of these rights will allow third parties to take undue advantage of the reputation and goodwill that has accrued upon such Trade Mark at the cost of the original owner of the Trade Mark.
In order to protect ones rights in a Trade Mark, it is necessary to have the same registered. The benefits of Trade Mark registration are manifold. A Trade Mark registration gives the owner of the Trade Mark, exclusive rights to use the mark and the said owner may stop all third parties from using the same mark or any other similar mark which may deceive or confuse the consumers to believe that the goods or services of the third party are associated to that of the Trade Mark owner. A registered Trade Mark further gives a legal recognition to the business of the Trade Mark owner with regard to its products.
A Trade Mark, once registered, will give exclusive rights to the registered proprietor for a period of 10 years from the date on which the Trade Mark application was actually filed. Thereafter, the said proprietor may renew the registration for a period of further 10 years.
FAQs
A Trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
Legal requirements to register a trademark under the Act are:
a) The selected mark should be capable of being represented graphically (that is in
the paper form).
b) It should be capable of distinguishing the goods or services of one undertaking
from those of others.
c) It should be used or proposed to be used mark in relation to goods or services for
the purpose of indicating or so as to indicate a connection in the course of trade
between the goods or services and some person have the right to use the mark
with or without identity of that person.
a) It identifies the goods / or services and its origin.
b) It guarantees its unchanged quality
c) It advertises the goods/services
d) It creates an image for the goods/ services.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office. The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e- filing gateway available at the official website.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks.
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same. The Purchaser and ultimately Consumers of goods and services get options to choose the best.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
