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Trademark Registration â€" Essential in Today's Competitive Market

01st January 2013

A trade mark (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. The legal requirements to register a trade mark under the Act Trademark Act,1999 are:

1) The selected mark should be capable of being represented graphically (that is in the paper form).

2) It should be capable of distinguishing the goods or services of one undertaking from those of others.

3) It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person brand registration.

A trademark which is easy to speak or the invented/coined words are selected. The functions of a trademark are follows:

1) Identifies the origin
2) Helps to advertise
3) Promises the same quality
4) Creates an image for the good/service

Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply for a trademark in writing in a prescribed manner for registration. The application should contain :

1) The trade mark, the goods/services,
2) Name and address of applicant and agent (if any) with power of attorney,
3) Period of use of the mark and signature.
4) The application should be in English or Hindi.
5) It should be filed at the appropriate office.

Acquiring the trademark for a particular good /service is provided under the Trade Marks Act,1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall design registration.

The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.

The sources of trademark are:

1) The national statue i.e., the Trade Marks Act,1999 and rules thereunder .

2) International multilateral convention.

3) National bilateral treaty.

4) Regional treaty.

5) Decision of the courts.

6) Office practice and rulings

7) Decision of Intellectual Property Appellate Board.

7) Text books written by academician and professional experts.

Now you must get trademark registration services that are offered by trademark registration india that provides also many services as logo registration and other services.

Category : business/management/business-process-analysis/
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