Trademark is an intellectual property which can be in the form of any Design, Expression, and Logo. Trademark create a unique image of product in market and the product became recognized among the customer. Trademark helps in product differentiation as it help in differentiating products from its competitor and gain competitive edge in market. Trademark can be owned by anyone like Individual, Business entity, charitable trust etc. and Trade mark can be displayed on Package of product, Label of product to ensure separate identity of product For E.g.- Sign used by McDonald create a separate impression and identity in the mind of customers. Trademark being an intellectual property is generally registered by everyone to ensure that it is not used by anyone in a wrong manner or it is not used by anyone without availing permission for the purpose of registration we have to follow procedure as mentioned in Indian Trademark act, 1999.The main purpose behind introducing this enactment is to create trust among the developers of trademark that their invention (i.e. trademark) is safe & secure and can’t be misused by anyone. If there is infringement of Trademark then there is provision in Trademark Act, 1999 to punish the person. Trademark has 34 classes for goods where an entity register their mark. A Service mark is the same as a trademark, except that it identifies the source of the service rather than goods. Service mark has 11 classes for services where an entity register their service mark. Lex N Tax provides Best Trademark Services in Delhi NCR.
TYPES OF TRADEMARK
- Word and Service Mark- Word mark is usually a distinct text only of the name of a company, institution or product name used for different identification and branding. Like, GOOGLE uses its name as wordmark.
- Shape mark or logo – Logomark is a graphic element of brand which create different identity from other brand. For instance, PEPSI CO. uses a logo which create different identity from other Soft drink Companies.
- Collective Marks- Collective Mark is a trademark owned by a group of members, association.
- Series Mark- Series mark is a primary element of mark which is used by a company in their range. For instance, McDonald has series mark “Mc” which they used as McPuff, McChicken.
- The Certification Mark – Certification mark is a mark cable of distinguishing the goods and services where a company deal with it. For example, a company sell a food items with a FSSAI certification mark.
REGISTRATION PROCESS Of TRADEMARK
We have to register our Brand under The Trademark Rules,2017.
Step-1 Trademark Search- TM search helps you to know if there are similar trademarks available and it gives you a true & fair view of where your trademark stands. Sometimes, it also gives you a possibility of registration or not. We can search trademark from IP India public search.
Step-2 Filling Trademark Application- After search, if you are sure that your chosen logo or brand name is not listed in the Trademark Registry India, you can opt for registering the same. We can register at and filing Form TM-A along with prescribed fees.
Step-3 Examination- After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around one month. If examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
Step-4 Publication- Trademark published for 3-4 months if in this months no opposition then trademark proceeds for registration. In case of opposition, there is a fair hearing and decision are given by the registrar.
Step-5 Registration Certificate- once the application proceeds for registration after publication, a registration certificate is issued.
Step-6 Renewal- The Trademark is renewed after every 10 years. Hence, your logo or brand name can be protected perpetually.
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Documents Required for Registration Trademark
- Copy of the logo, In case the logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. (Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf).
- Identity Proof of Individual or Proprietor.
- Address Proof of Individual or Proprietor.
BENEFITS OF HAVING REGISTERED TRADEMARK
- Avoiding Unwelcome Change– Changing the name of a company can be a difficult and costly task. Having successfully created a good reputation for your business, it can take significant marketing strategies to rebuild a renamed brand. When a logo, symbol or name is unregistered there is always the risk that another business may register it and cause significant difficulties.
- Building value– Because of the above, potential investors will always be interested in whether a business has trademarked its name or services. Trademark registration not only increases security, but also creates clarity in any merger or franchising of the business.
- Protection– It is important to ensure that your business is appropriately protected against competition. Unauthorised parties who use your trademark without authorisation can damage your brand, your reputation and your business and also will loss to profit.
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Trademark infringement is the unauthorised usage of a mark that is identical or deceptively similar to a registered trademark. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse him/her of the origin of the goods or services. Ex- consumer will confuse after looking at brand adidas and abibas.
Penalties for Trademark Infringement
In the case of trademark infringement, the court may award the following remedies to trademark holder:
- Temporary injunction (an authoritative warning or order)
- Permanent injunction
- Damages provide to trademark holder
- Account of profits (damages in the amount of the profits gained from the infringement)
- Destruction of goods using the infringing mark
- Cost of legal proceedings
- In the case of a criminal proceeding, the court dictates the following punishment to infringer:
- Imprisonment for a period not less than six months that may extend to three years
- A fine that is not less than Rs 50,000 – 2,00,000
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