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Trademark Registration services
• Services • Trademark Registration services
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| What is Trademark ?
Trademarks are words, names, symbols, brands, devices, headings,labels, Signatures, letters or numerals or any combination therefore, used or proposed to be used by manufactures of goods to identify and to distinguish their goods from goods manufactured and sold by others. A trademark popularly known as brand name, is an identification symbol which may be a word, a device, a label or logo etc. A trademark may be a word, letter a device or numeral or any combination therefore. It is better if it is simple in design. The ideal word for a trade mark is an invented word.
What are the benefits of trademark registration ?
Trademark registration protects the goodwill of a business and also helps to identify and distinguish the source of the goods or services of one party from those of others. Trademark registration is an evidence of ownership of the trademark and also constructive notice nationwide are issued of the trademark owner's claim. Trademark registration in India can also be used as a basis for obtaining registration in foreign countries.
Trademark Registration by The Trade Marks Act,1999 & The Trade Marks Rules.2002.
Trademark is a device, brand name, heading, label, signature, word, letter, numeral, shape of goods, packaging or combination of colours applied to any goods or services in the course of trade and represents the goodwill attached to the business. It is in a way the life and blood of the business since in the modern day it is the name of the business & the goodwill which sells the product or services. The trademark is a mark which represents and connects the product or services to the proprietor. Trademarks for Groups of Companies are also registrable. These are registrable under the Trade Marks Act,1999 & Trade Marks Rules.2002.
Rights conferred by registration ?
The registration of a trademark confers on the registered proprietor of the trade mark the exclusive right to use the trade mark in relation to the goods in respect of which the trad mark is registered and to obtain the relief in respect of infringement of the trade mark
by others. The registration of a trade mark is not compulsory. However, without registration a owner of a trad mark cannot bring an action for infringement to protect the mark if it is copied by others. Suing for infringement of a trade mark is much simpler than launching a common law action for passing off to protect any
unregistered trade mark.
What trademarks can be registered ?
A trade mark which consists of at least one of the following essential particulars :the name of a company, individual or firm represented in a particular or special manner; the signature of the applicant for registration; one or more invented words; one or more words having no direct reference to the character or quality of the goods and not being according to its ordinary signification a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in India; any other distinctive trade mark; a trade mark which has acquired distinctiveness by use over a prolonged period of time, may be registered.
May I cover more than one mark in a single application ?
No. A separate application must be filed for each mark the applicant wishes to register. Likewise, if the applicant wishes to register the same mark in more than one class, a separate application must be filed for each class.
When is it proper to use the "TM" and the registration symbol "®" with the mark ?
Once you have filed an application for registration of trademark, the "TM" symbol may be used with the mark. Anyone who claims rights in a mark may use the TM (trademark) designation with the mark to alert the public to the claim. However, the registration symbol, ®, may only be used once the mark is actually registered in the Trademark Registrar's Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
What is the difference between the protection available for registered trademarks (infringement action) and unregistered trademarks (action for passing off) ?
The basic difference between an infringement action and an action for passing off is that the former is a statutory remedy and the latter is a common law remedy. Accordingly, in order to establish infringement with regard to a registered trademark, it is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark and no further proof is required. In the case of a passing off action, proving that the marks are identical or deceptively similar alone is not sufficient. The use of the mark should be likely to deceive or cause confusion. Further, in a passing off action it is necessary to prove that the use of the trademark by the defendant is likely to cause injury or damage to the plaintiff’s goodwill, whereas in an infringement suit, the use of the mark by the defendant need not cause any injury to the plaintiff. However, when a trademark is registered, registration is given only with regard to a particular category of goods. Protection is, therefore, afforded only to these goods. In a passing off action, the defendant’s goods need not be the same; it may be allied or even different.
What is service mark ?
Service Marks are marks used in any form of service business where actual goods under that mark are not traded. Services are identifying the source of Service provided by Company/ Firm/ Individuals. Services are offered and purchased. These marks will now be statutorily protected under The Trade Marks Act, 1999.
Following Services are now protected as a SERVICE MARK in INDIA under The Trademarks Act, 1999.
Advertising, Business Management, Businessadministration office function i.e
Insurance; financial affairs; monetary affairs; real estate affairs
Building construction; repair; installation services, constructions, repaires, installation services
Telecommunications
Transport; packaging & storage of goods; travel arrangement
Treatment of materials
Education; providing of training; entertainment; sporting & cultural activities in class-41
Scientific & technological services, research & design; industrial analysis & research services; design & development of computer hardware & software; legal services. Services for providing food & drink; temporary accommodation. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.in class-42
All India Trade Service Company; providing the professional service for Registration of Service Mark for Individuals/Firms and Companies at the earliest possible opportunity. Marks include the firm or corporate name of the individual or company or firm providing the service. Once a mark is registered, you can prevent other persons from using the same mark for similar Services.
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SERVICES
