The Trade Marks Registry was established in India in, 1940 and presently, it administers the Trade Marks Act, 1999, and the rules framed thereunder. Trademark act, 1999 as a resource and information Centre and is a facilitator in matters relating to trademarks in the country. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for superior protection of the trademark for goods and services, and also to prevent false use of the mark. The main function of the Registry is to register trademarks that qualify for registration under the Trademark Act and Rules
In terms of providing protection to the products or services, trademark registration is that the weakest property right amongst patents, copyright protection. Trademark doesn’t protect the products always; it protects the just marketing concepts and trademark build a better market of product and not the quality of product and quality depend on the production process. Therefore, a trademark should go alongside another property rights being the weakest protection.
There are no advantages of choosing a descriptive trademark. Generic and descriptive trademarks aren’t suitable for registration with the registrar. Usually, descriptive trademarks are considered weak marks because they are doing not acquire distinctiveness.
If you registered a descriptive trademark, you want to have allowed marketing and advertisement also so as to create an association in the customer’s mind with the trademark to accumulate the distinctiveness.
In case of obtaining the services of an agent for the trademark registration process, enlist the agent as power of attorney. Submit a document express the said individual as power of attorney.
As per the intellectual property laws in India, there is no mandate that you must register a trademark in the trademark registration act. Even if the applicant decides against registering a trademark, then the right to file a legal action against an individual or company attempting to use your brand name without permission is allowed for applicants. But since the process of Trademark registration is absolutely simple as compared to other intellectual properties that need registration like patents, utility designs, and geographical indications, it is best to get the trademark registered by submitting all documents which are required for trademark registration.
The name, address, and nationality of the Applicant. If the Applicant is a company, then the country or state of incorporation all documents along with the complete address. the name of all the partners with the concern of partnership.
A list of goods or services and both for which registration is required;
Trade Mark Entity: Whether the Applicant is an Individual, and Start-up or a small enterprise;
Then Soft copy of the trademark to be registered;
If the application is filed claiming priority from an earlier-filed application in another country, details of that application are also required at the time of filing of the application in India (application number, filing date, country, and goods/services). A certified priority document or its duly notarized original copy is to be submitted with the Trade Marks Office within two months of the filing of the application.
The essential function of a trademark is to absolutely 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 identify a particular entity product as the source of goods or services. The use of a trademark in this way is realized as trademark use. Certain exclusive rights bind to a registered mark.
Trademarks are used not only by businesses but also used by noncommercial organizations and religions to protect their identity and goodwill associated with their name.
Trademark rights generally appear out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections.
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark 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 the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.
the trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of a trader
A good trademark should possess the following qualities-
Laudatory words/words such as best, perfect, etc, to be avoided.
the benefit of a registered trademark
Following marks can be registered under the Indian trademark law:-
Yes, as per the Indian trademark Law 3-D marks or Three Dimensional marks can be registered in India
Yes, foreign proprietors can apply for registration of a trademark in India. The Indian trademark Law is TRIPS obedient and provides for the protection of well-known trademarks and recognizes trans-border reputation.
A mark shall not be registered as a trademark if-
Its use is prohibited under the Emblems and Names Act, 1950.