What Is Trademark Registration?

 A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.



KINDS OF TRADEMARK

  • house marks
  • coined marks
  • label marks 
  • logo/devices marks
  • services marks
  • well know trade marks
Advantages Of Trademark Registration

Trademark registration is necessary if you want your business to be recognized as distinctive from the others.

Trademark is an indication of the quality of the product.

The registered proprietor of the trade mark has exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark.

It will preserve a trademark for generations.

It gives the ability to establish a right to the trademarked word, logo, and sound, graphic or even colour combination.

It protects the “mark” by preventing similar names from being registered by other businesses operating in the space.

It develops a unique identity that associate the people with the specific brand

On registration of the mark, the R symbol can be used next to the mark to put the public on notice that the mark is a registered trademark and any use of the same will further impose a threat to infringers, trademark registration in india 

Procedure For Filing A Trademark
The process for registration of the trademark begins with a trademark search. We can help you conduct a trademark search to find marks/logos across classes. The Government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the trademark search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.

In most cases where the mark is unique, on filing the trademark application, the Learned Trademark Examiner would verify all details and approve for the publishing of the mark in the Trade Marks Journal. When the mark is published in the Journal for duration of four months, any person or entity would have the opportunity to oppose registration of the mark during this opposition period. If the mark is not opposed, then the trademark is accepted and the Registration Certificate is issued to the applicant with a validity of 10 years.

​In case there are any objection on similarity and distinctiveness of the mark, then the process for registration could be lengthy and costly – involving various legal procedures and hearings. If there are similar marks and/or objection of distinctiveness, then the process could include objections and hearings – based on the Examiners decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application or the mark is non-distinctive and descriptive, he/she will issue a notice of objection. The objection notice must be responded within 30 days upon receipt. On responding to the notice, the mark will be accepted if the Learned Examiner is satisfied with the written submissions. If not, a Hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case your trademark application is objected by the Trademark Examiner, Our professional team can help you with filing an objection reply or appearing on your behalf at hearings – at a nominal additional cost.
Trademark Search, Brand Development And Strategy.
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Response To Objections
Trademark objection will come when the trademark registry has reasons to object the application and ask for clarification on certain points. For the purpose of securing the trademark you have to file the reply regarding the objection within the 30 days from the issue of report. In reply, you have identify the list of reasons why your logo, slogan or brand name should be accepted. It is procedure which is needed by the Registrar and under the law.

Hearings
In an objection of trademark application a reply is required, the clarifications on the objections by the registrar.

If the response is satisfactory, the registrar may accept the trademark and publish it in the trademark journal. In case the reply is non satisfactory the Registrar will appoint for a show cause hearing.

Trademark Watch
Our team members diligently keep a vigilant watch on the trademark journals which are being published by the trademark office on first day of every week (Monday). Trademark watch ensures that our mark is protected from an infringer or an unauthorized user. The watch is also a proactive measure to help the trademark owner to enforce his mark by acting against any infringement and misuse of his mark in a timely basis.

Trademark Renewals
A Trademark is registered for tenure of ten years post which it is required to renew the application. A trademark renewal request can be filed one year prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register depending on the Grace and restoration period.

Trademark Assignments
Trademarks like any asset can be transferred from one owner to another. Such transfers can take place in the form of an assignment, or merger or amalgamation between two entities.

Assignment of trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. An assignment can either be with goodwill or without goodwill

Assignment with goodwill: This is an assignment where the owner transfers the rights and value of the trademark as associated with the product it sells.

Assignment without goodwill: This is an assignment where the owner restricts the assignee to use trademark for the products he uses it for. That is, the goodwill attached to the owner’s brand with respect to the product already being sold under such brand, is not transferred to the buyer. This means that assignor & assignee both can use the same trademark but in dissimilar goods or services.

Removal/cancellation of a registered trademark
Cancellation of a registered trademark is a legal procedure in which an aggrieved person or party seeks to remove a registered trademark from the registry. There are certain conditions for Trademark. Section 47 of the Trademark Act deals with rules of removing trademark.
source:- http://markshield.in/


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