subject: Important Know-how About Trademark Registration [print this page] The Trade Mark / Service Mark Registration is considered a vital responsibility for the promotion of a brand in the respective market. In other words, this simple and unique mark represents the product and service coming from the same source. To make the procedure and requirement of trademark registration more simple, hereunder mentioned are some of the important-cum-frequently asked questions.
Q: How to apply for trademark? Who are eligible?
A: For applying for the trademark registration, the application should be given in written with details like trade mark, the products and service dealt in, name, address and contact details of the respective applicant along with the power of attorney, and time of use of the respective mark along with signature. The language used in the application should be English or Hindi. The proprietor is the one eligible to file the application for the trademark and thus, the application should be filed at the appropriate office.
Q: In case of particular products and service, what should be the application process?
A: In the Trade Marks Act, 1999, the products and services are categorised as per the International Classification of Products and Services. Presently, the schedule IV of the respective Act provides the complete summary of the products and services that are included in different categories. The Registrar finalises the list.
Q: What types of Trademarks are available for approval?
A: Below mentioned are some of the types of trademarks / service marks that are accepted for approval:
"Name: name or surname of the applicant or the predecessor of the business. The name should not be unusual for acceptance by the trade.
"Newly Formed Word: Any word newly invented that is not descriptive, thus, not describes the nature of the products and services.
"Special Combination: The letters and numerals in special combination. Combination of colours or colour with word or devices will also be considered.
"Devices: Any special device or symbol.
"Monograms
"Shape: Shape of product or its respective packaging
"Marks: 3- dimensional signs
Q: Who are benefited from a Trademark?
A: People or group benefited are:
"The Regd. Proprietor: The Regd. Proprietor has the power to stop other traders using the similar trademark for their business. The Regd. Proprietor can also sue the traders for the damages.
"The Government: During the current year, the revenue earned by the Trade Marks Registry is about Rs. 40 Crores. This itself is a perpetual rise.
"The Legal Professionals: In the proceedings of the trademark registration, the Professionals and Legal and Para Legal Advisors (Agents) play important role.
"The Purchaser and Consumers of trademarked products and services.
Q: What are the benefits of Trademark Registration?
A: The trademark registration provides complete right to the registered proprietor and the same is represented by the symbol "" with the approved Trademark. Misuse of the trade mark by other traders is also regulated as the registered proprietor can take legal action against them. In special case, there might be some similar registered trademarks, for such cases, the exclusive proprietor right is not applicable for each other.
Q: What are the constituents of Trademark Law?
A: The below given is the list of the constituents of the Trademark Law:
"The National Statue i.e., the Trade Marks Act, 1999, and rules thereunder.
"International Multilateral Convention.
"National Bilateral Treaty.
"Regional Treaty.
"Decision of the Courts.
"Office Practice and Rulings
"Decision of Intellectual Property Appellate Board.
"Text Books Written by Academician and Professional Experts.
Q: Can there be any amendment in the trademark application or register?
A: There is a provision, through which amendment could be made in the trademark application or register. But, the change should not affect the identity. Moreover, there are some rules for the amendment that are detailed in the subordinate legislation.
Q: Can a registered trade mark be removed from the register?
On the application to the Registrar providing reasons for wrong detainment of the trademark in the records, the registered trade mark can be removed. The registrar can also issue notice for the removal of the registered trademark.
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