A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called marks.
Q. WHAT IS TRADEMARK ?
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.
Q. WHAT ARE THE BENEFITS OF TRADEMARK ?
A trademark identifies the brand owner of a particular product or service. Trademarks can be licensed to others; for example, Bullyland obtained a license to produce Smurf figurines; the Lego Group purchased a license from Lucasfilm in order to be allowed to launch Lego Star Wars; TT Toys is a manufacturer of licensed ride-on replica cars for children. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy.
The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still common law trademarks offer the holder in general less legal protection than registered trademarks.
Q. WHO CAN APPLY FOR TRADEMARK ?
Following person may apply for Trademark:
- Any Individual who has attained the age of 18.
- Any legal entity registered under any law like Proprietorship, Partnership, Company, LLP, etc.
Q. WHEN CAN WE USE “TM” WITH OUR BRAND ?
The Symbol ™ can be used from the very same day on which the Application is filed with the Controller General of Patents, Designs And Trademarks with the Logo, Design, etc.
Q. WHEN CAN WE USE “® ” WITH OUR BRAND ?
The Symbol ® can be used by the Applicant, once the Trademark filed is Registered with the Trademark Department.
Q. WHAT IS THE PROCEDURE FOR TRADEMARK FILING ?
- File the Application after dully filled with the Department.
- Can Start using symbol ™ with the logo.
- Department will publish the logo for public opinion.
- If no Objection is found from Public, will Registered the logo as registered Trademark.
- If Objection found, will demand Reply from the Applicant and the user.
- After Satisfactory Questioning, will Register Trademark.
Q. WE ARE USING OUR LOGO FOR LONG TIME, CAN BE GET THE BENEFIT OF SAME WHILE FILING THE APPLICATION ?
Yes, while applying for the trademark we need to give an affidavit stating the term of using the trademark.