What
do you understand by Trademark?
A Trademark
is generally a recognizable design, signature or a statement of expression
which helps us to identify a particular product or services associated with it.
This helps us to differentiate one brand of product from the other. Thus in the
common language, the trademark is also known as the brand or logo of the
organization that manufactures that product.
The trademarks are the most important aspect of a
business and they are amongst the most valuable assets of the business. The
trademark needs to be registered in an official manner and the entire procedure
needs to be followed. The Trademark Registration
can be done by an individual, an organization or any other legal entities. They
are often used as a symbol to remind us of the entity that they are associated
to. Also, all the trademarks have to be registered under the Trademarks Act.
Go Through the Advantages of Trademark Registration
v They give
the owner the exclusive rights to the use of the mark, subjected to the goods
or services for which they have been registered under the Trademarks Acts.
Anyone else using it can be severely penalized at legal grounds by the
proprietor of the trademark.
v It is a way
of providing your work a security to not be used or imitated.
v It is the
most valued asset of the business as it is their sole legal intangible
property.
v Trademark
Registrations helps the other business of same trade not to use your trademark
or similar or identical to yours to give you and assure you the uniqueness of
your trademark
v A registered
trade can be transferred from one person to the other irrespective of the business transfer.
Have a Look at the Procedural Steps for Trademark
Registration
The Trademark Registration procedure in India is generally
a five-step procedure which includes the following steps:
v Filing: The first and the primary step
is to file the application for the registration, which can be filed in a different
class, the single class or multi-class.
v Examination: The second step is to examine
the application filed. This is done in the time period of 3 months to 1 year
from the date of Registry of Application depending on the backlog of
application. The application is examined by the Registrar in accordance with the
terms and laws under the Trademarks Act. The application may be accepted or
refused as per the Act which can be done on Absolute Grounds or on Relative
Grounds as per the provisions of the Act.
v Advertisement: After the stage of Examination
and on approval of Registrar for the same, the application is now made
published in the journal which has all the trademark-related information and is
called in general the Trademark Journal. This is done in order to inform the
public that if they have any opposition for the trademark they can file an
opposition in order to stop the application for the Trademark.
v Opposition: In this, the person who is
having an objection can file a legal objection for the concerned trademark and
if the opposition holds good the application for registration is refused.
v Registration: If the application does not
receive any opposition then it is assumed to be in favour of the applicant and
the concerned application is registered and the trademark is now accepted to be
a registered one and a certificate of Registration is sent for the same.
v Renewal: All the registered trademarks
are to be renewed over a period of 10 years from the date of Application of
Registration and Certificate of Registration.
