A Trademark is a type of Intellectual Property that protects names and other marks associated with a particular product or company. A trademark can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors or any combination thereof which identifies products or services of a particular source from others. A trademark owner can be an individual, firm, company, society, or any legal entity.
A trademark may be located on a package, a label, on an Invoice, or on the product itself. An applicant can write TM on the logo/word mark after filing a trademark application and once registered, ® can be written. It is possible that the Proprietor may use several trademarks in respect of his goods besides using a common mark in all his products to indicate the origin of the goods from the enterprise known as a house mark. A trademark is valid for 10 years, after that registration has to be renewed.
WHY TRADEMARK TO BE REGISTERED?
Applying trademark is not enough, a trademark has to be registered to get the maximum protection. Once a trademark is registered it protects not only the brand but also protects the unique font, color combination, get up, trade dress of a product packaging and helps to establish one’s prior and superior rights in the trademark. A trademark gives identity to a brand and help to earn the customer’s trust and goodwill through its valued products portfolio, ethical business practices and governance.
It is always advisable to register a brand with trademark as it prevents others from using the similar/deceptively similar trademark. Registered brand can sue for infringement, passing off etc. as reputation and goodwill is always at stake. The essential function of a trademark is to exclusively identify the source or origin of products or services, so a trademark, properly called, indicates the source or serves as a badge of origin.
In other words, trademarks serve to identify a particular entity as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark.
Trademarks are used not only by businesses but also by non- commercial organizations and religions to protect their identity and goodwill associated with their name.
Trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign about certain products or services, assuming there are no other trademark objections.
In trademark, goods, and services are classified according to the nature of the goods and services which are mentioned in the Fourth Schedule of Trademark Marks Rules, 2002. In total, there are 45 classes (1 to 34 cover goods and 35 to 45 cover services). The idea behind this system is to specify and limit the extension of intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.
TRADEMARK REGISTRATION FILING FEE
On what payable
For physical filing
Application for registration of a trademark/collective marks/certification mark/series of trademarks for specification of goods or services included in one or more than one class