Trademark Registration
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.
Indian Trademark Registration
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
International Trademark Registration
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.
Trademark Registration in Andhra Pradesh
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Trademark Registration in Manipur
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