A Trademark is a sign equipped for distinguishing the brand of one undertaking from those of different endeavours. It is an Intellectual Property which is registered under Trademark Act 1999.
What is a Trademark?
Trademark is an Intellectual Property which creates a legal right to the owner to use that Registered Name to generate profit or to represent the individual or the establishment. The owner also possesses the right to enforce any other body who use the Brand name legally.
Features of a Trademark
Trademark gives the protection to the name which helps in expanding the brand all over the globe. Following the characteristics of a Trademark:
- Valid for 10 years.
- Can use TM above the brand name from the Application Date to Registration Date
- Can use ® above the brand name, once the TM application gets registered
- Trademark is a property which can be bought and sold
- The same name cannot be trademarked again.
Advantages of Trademark Registration
There are many benefits of trademark registration. Here you can find few of them:-
- Legal Protection
- Building up Trust/Goodwill
- Global Permits
- Protection from Infringement Claims
- Intellectual Property ownership
Disadvantages of Trademark Registration
As every coin has 2 faces, similarly trademark also has some Disadvantages which make it little bit blemish:-
- Repeated renewals
- Risky litigation
- Weakest protection
- Descriptive trademark
Registration of Trademark
Trademark registration is an online process which enables the proprietors to protect the company’s identity against the infringement. For trademark registration process needs to follow the certain steps:
- Trademark research
- Form filing
- Allotment of application number
- Examination of application
- Receipt of the examination report
- Reply to the examination report
- Advertisement of trademark journals
- Opposition (if any)
- Certificate of registration
Classes of Trademark
There are 45 classes to register a trademark in which first 34 classes are for the products and rest of the classes is of Services. Classes are made to discriminate between various types of product and services. It eases in managing all the trademark data by the governing body.
After making an application, the government takes 6 months to scrutinise the application. The government may raise an objection under section 9 of The Trade Marks Act, 1999 in case if they found any similarity with an existing trademark.
After clearing the objection, the government publishes the trademark application in the trademark journal for the third party who wants to oppose the application with some legitimate reason within the prescribed period.
Every registered trademark needs to renew in every ten years. For the trademark renewal, you need to file the prescribed form along with the requisite fee. Otherwise, proprietor will lose the protection that comes with the trademark registration.
Trademark Restoration is the consequences of non-renewal of the registered trademark. Restoration of trademark helps you to regain the protection which comes along with the registered trademark. You need to follow the process to restore the expired trademark.
For transferring or assigning the valuable trademark, you need to file the form TM-P. There are minimum requirements which need to be fulfilled for assignment of the trademark. You can assign the trademark completely or partially with or without good will.
- Posted On: January 12, 2019
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