Q. What is a trade mark?
A. A trade mark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. In other words, trade mark 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.
Q. How to select a good trade mark?
A. If it is a word it should be easy to speak, spell and remember. The best trade marks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
Q. What is the function of a trade mark?
A. Broadly, a trade mark performs the following four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
Q. Who can apply for a trade mark?
A. Any person, claiming to be the proprietor of a trade mark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark.
Q. What are different types of trade marks that may be registered in India?
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
The possibilities are limitless.
Q. What is the benefit of a trade mark?
A. In principle, a trade mark registration will confer an exclusive right to the use of the registered trade mark. This implies that the trade mark can be exclusively used by its owner, or licensed to another party for use in return for payment. The Registered Proprietor of a trade mark can thus create, establish and protect the goodwill of his products or services. He can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.
Q. What are the benefits of registering a trademark?
A. The registration of a trade mark confers upon the owner the exclusive right to the use the trade mark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
Q. What does the Register of trade mark contain?
A. The register of trade mark currently maintained in electronic form contains inter alia the trade mark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
Q. How long does trade mark protection last?
A. The term of trade mark registration is usually ten years. It can be renewed indefinitely on payment of additional fees.
The above information is strictly for the knowledge of the general public and can be readily accessed on the Intellectual Property office website
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