All you need to know about getting a trademark


What is a Trademark?

Trademark is a visual representation attached to goods for the purpose of indicating their origin and is recognized by law. It includes any word, name, symbol, configuration, device, Shape of goods, packaging, a combination of colors or any combination thereof which one adopts and uses to identify and distinguish his good from others.

Essentials of Trademark:-

• It should be a mark;
• It should be capable of being represented graphically; and
• It should be capable of distinguishing the goods or services of one person from those of others.

Functions of Trademark:-

• It identifies the goods of one trader and distinguishes them from goods sold by others;
• It signifies that all goods bearing a particular trademark come from a single source;
• It signifies that all goods bearing a particular trademark are of an equal level of quality;
• It acts as a prime instrument in advertising and selling the goods

Process:

• Creation
• Screening
• Clearance
• Investigation
• Opinion
• Filing/Registration
• Protection
• Commercial Exploitation
 

Jointly owned Trademark:

Registration of a single trademark on the name of two proprietors, who would use it independently, is not possible. However, a person other than the registered proprietor of a trademark can be registered as a user of the trademark (certainly with the consent of the proprietor).

International protection of Trademark:-

Trademark is territorial in nature so if a company plans to expand its market abroad it will really become difficult for him to register the trademark abroad this renders the company an exclusive right to commercialize its products in those markets in abroad. It also provides a strong premise not just for stopping counterfeiters but also ensuring that the company enjoys exclusive rights over one of its most valuable business asset. Further, it provides the opportunity of licensing the trademark to others or may be the basis for that company’s franchising or merchandising strategy.

What are the benefits of a Trademark?

Generally, people are under the perception that they can protect their trademark simply by using the mark in commerce. It is right that you are not required to register a trademark to achieve some level of protection and also that one ascertains common law rights simply by using a mark in commerce.

Who should get the trademark register?

• Businessmen: A trademark may be registered for goods or anything which is the subject of trade or manufacture (Safeguarding the product).

• Service Providers: He is the one who provides services of any description which is made available to potential users and include the provision of services in connection with business of any industrial or commercial matter like banking, communication, education, financing, insurance, real estate, entertainment, transport, construction, boarding lodging, advertising etc (Protecting the name and quality of services).

• Well Known Brands: A brand or a mark/ Symbol which become a substantial segment of the public which uses such goods or receives such services that use of such mark/symbol in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods. (Safeguarding the name).

• Domain Name: It’s important to protect the name of your website so that it is not used by anyone else otherwise it can hamper your profits and growth. (Protect the name of your website)

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CA Arun Tiwari 
on 20 March 2019
Published in Professional Resource
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