Trademark Registration

Trademark Registration is becoming very essential for business entities around the world as more and more firms are coming up each day in a market with fierce competition. But what is Trademark Registration exactly and why is it so necessary?

A Trademark is basically a unique mark that is used by an individual, a business organization or a legal firm that establishes its entity and distinguishes it uniquely from others. It is acquired through a legal registration process and is a part of Intellectual Property Rights and is important tool of identification for prospective customers. It can be in various forms like :

Words : Band – Aid, Vaseline, Aspirin, Dolby
Names : Dacron, Dumpster, Formica, Frisbee, Ping-Pong, Post-it, Styrofoam, Teflon
Logos and devices : Symbols for McDonalds, Nike, Apple, WWF, Google
Combination of colors, shapes

Many words, which were originally registered as Trademarks, have now become an essential part of our vocabulary because of their immense popularity. This signifies how a Trademark can get diluted over time. In addition, a Trademark is also limited to National boundaries which constrict its use. Trademark Registration can be done in conventional & non-conventional forms and gives an entity the right to initiate legal proceedings against any person/firm for infringement and unauthorized use.

Types of Trademarks Commonly Seen:

™ A symbol of unregistered trademark
® A symbol of registered trademark
SM A symbol of service – mark
Other non-conventional Trademarks

Trademark Registration : The Process

Rights can be acquired by two methods
- Through adopting the trademark and using it
- By applying to the Trademarks Registrar and paying a requisite fee
Examination of the application resulting in approval or rejection
Acceptance prior to Advertisement
Publication of Trademark in TM Journal
Issuance of Registration Certificate

The registration is done initially for a period of ten years after which, it has to be renewed after a gap of ten years.

Protection Criteria
A Trademark must make the goods or services of the proprietor / individual distinct from others and should not be similar in any way to existing / pending Trademarks

Trademark Act
Trademark Act of the US code is famous as the Lanham Act and it contains all the statutes of Trademark Laws prohibiting infringement & dilution of Trademarks across USA as well as illegal advertising.

Trademarks are useful tools for registering the identity of an individual or organization but they are applicable only in the country where they were registered. Trademark Registration is susceptible to territoriality and every country has its own sets of Trademark Laws. Likewise, the process of Indian Trademark Registration differs from

The International Trademark Registration system is a central system covering all jurisdictions, known as the Madrid System. This system offers protection to its members by extending International Registration by means of the World Intellectual Property Organization.

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