ABC of Trade Marks
Why Trade Mark?
Trade Mark (Brand) helps to identifies the goods / or services and its origin, it creates good impression and guarantees the quality of goods and it will also helps the organization for better growth. A Trade Mark may be a word, signature, name, device, label, numerals or combination of colours etc. The best trademark would be invented words, coined words or marks and it should be easy to speak, spell and remember.
Is it compulsory to register trade mark?
No. It is not compulsory to register. However, registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicates so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered.
How to Register the Trade Mark?
It can be registered under the Trade Marks Act, 1999. Trade Mark can be registered for Goods and Services. Schedule IV of the Act provides a summary of list of such goods and services falling in different classes. It covers 42 Classes. An application in form TM1 to be made for each class with prescribed fee. Before making application search can be made to identify whether the proposed mark is available for registration. The Trade mark agents, authorized under the Act, who act for the applicants in the processing of the trade marks application.
Advantages of Trademark Registration
The Registered Owner of a trade mark can get numerous advantages including right to use, right to sue for damages and seek the relief of infringement in appropriate courts in the country.
Some of the Trademarks which identifies the goods Viz., Raymond, TATA, LG, Wipro, Nike, etc.
CS. P. ESWARAMOORTHY, B.SC.,ACS.,
Company Secretary in Practice & Govt. Registered Trade Mark Agent
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