Trademark
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Trademark Registration
– The Trade Marks Registry Was Established In India In 1940 And Presently It Administers The Trade Marks Act, 1999 And The Rules Made Thereunder. It Acts As A Resource And Information Centre And Is A Facilitator In Matters Relating To Trademarks In The Country.
– The Objective Of The Trade Marks Act, 1999 Is To Register Trademarks Applied For In The Country And To Provide For Better Protection Of Trademark For Goods And Services And Also To Prevent Fraudulent Use Of The Mark.
– Trademarks Provide Their Owners With The Legal Right To Prevent Others From Using A Confusingly Similar Mark. They Cannot Be Used Stop Competitors From Making The Same Goods Or From Selling The Same Goods Or Services Under A Clearly Different Mark.
– In Recent Times, Much Attention Has Been Paid To Intellectual Property. Trademark Is A Form Of Industrial Property, In Fact It Is Not Designed To Protect Innovation And Creativity. Instead, Its Main Purpose Is To Ensure The Integrity Of The Market By Using Confusingly Similar Qualities In The Event Of Confusion Over The Source Of The Goods.
– While Doing So, It Reduces Customer Confusion And Ensures Incentives For Companies To Invest In Activities That Improve The Brand’s Reputation. Simply Put, The Protection Of A Trademark Is The Recognition Of The Law As A Mental Function Of Symbols. Consumers Form Mental Associations Between Trademarks And The Goods And Services They Pay.
– A Trademark Owner, While Some Competitors Use The Same Mark In Confusion. They Will Suffer Losses In Sales. Because The Damage Can Be Done To The Trademark, When The Product Is Of Secondary Quality, Damage Can Be Done. These Customers Will Have The Distorted Belief That The Trademark Owner Has Reduced The Quality Of Their Goods, Avoiding Future Purchases. This Will Lead To A Situation Where The Trademark Owner Has No Incentive To Invest In Quality.
– Initial Investments Will Also Not Be Made, As They Can Easily Be Undermined By A Competitor. It Can Be Said That Trademark Law Does Not Merely Encourage Manufacturers To Invest In Development And Encourage Them To Constantly Invest In The Goodwill Associated With Trademarks To Use Their Trademarks To Identify Their Goods And Services.
Territorial Jurisdictions of TMR Registry
– MUMBAI : The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa.
– AHMEDABAD : The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.
– KOLKATA : The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman &Nikobar Islands.
– NEW DELHI : The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh.
– CHENNAI : The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island.
Trademark - FAQ's
The following types of marks can be registered, provided they are distinctive and meet legal requirements:
- Word Marks – names, words, slogans
- Device Marks – logos, symbols, stylised text
- Shape Marks – shape of goods or packaging
- Colour Combination Marks
- Sound Marks
(A) If It Is A Word It Should Be Easy To Speak, Spell And Remember.
(B) Please Avoid Selection Of A Geographical Name, Common Personal Name Or Surname. No One Can Have Monopoly Right On It.
(C) Avoid Adopting Laudatory Word Or Words That Describe The Quality Of Goods (Such As Best, Perfect, Super Etc.)
(D) It Is Advisable To Conduct A Market Survey To Ascertain If Same/Similar Mark Is Used In Market.
Under modern business condition a trade mark performs four functions:-
1. It identifies the goods/or services and its origin
2. It guarantees its uncharged quality.
3. It creates an image for the goods/services.
Any Person, Claiming To Be The Proprietor Of A Trademark Used Or Proposed To Be Used By Him, May Apply In Writing In Prescribed Manner For Registration. The Application Should Contain The Trademark, The Goods/Services, Name And Address Of Applicant And Agent (If Any) With Power Of Attorney, The Period Of Use Of The Mark. The Application Should Be In English Or Hindi. It Should Be Filed At The Appropriate Office.The Applications Can Be Submitted Personally At The Front Office Counter Of The Respective Office Or Can Be Sent By Post. These Can Also Be Filed On Line Through The E-Filing Gateway Available At The Official Website.
Yes, a registered trademark can be removed from the register (rectification or cancellation). Major reasons include non-use for over five years, lack of bona fide intention, or failure to renew. The Registrar or a court can remove a mark on application by an aggrieved party or suo motu.