By - King Stubb & Kasiva on August 12, 2023
It is important to prevent other players in the market to ride free on your goodwill. This can be done by protecting your goodwill and reputation associated with the trademark of your business by getting it registered. It is important to understand the trademark as a concept and how it is important to protect the same, especially at the nascent stage of the business. This is why we have curated a list to assemble all the frequently asked questions on trademark law.
Ans. Following is the step-wise guide for Trademark Registration in India:
Ans. TM is a symbol used to indicate that the trademark is unregistered, but the mark is being used to promote goods. It can be used for marks for which the registration process has not been initiated, asserting a claim of ownership for the mark.
Ans. To understand the remedies for the refusal of the application, it is essential to know the grounds on which the Trade Mark Application was rejected. For this purpose, the applicant should request a copy of the grounds for refusal. Once the copy is received, within 30 days of the refusal notice, the applicant can file a review petition.
Section 127 (C) of the Trade Marks Act 1999 empowers the Registrar, on an application made in the prescribed manner, to review their own decision regarding the registration. This review application must be filed in form TM-M within one month from the date of the application or within an additional one month as allowed by the Registry. The review application should be accompanied by a statement setting out the grounds for the review.
The review of the decision is generally considered by the same officer who passed the initial decision. After giving the parties an opportunity for a hearing, the Registrar will then dispose of the review petition, either allowing the trademark to be advertised in the journal or maintaining the refusal.
If the applicant is still unsatisfied with the outcome, they can appeal to the Intellectual Property Division of the High Court.
Ans. The types of trademarks in India are as follows:
Ans. No, you cannot get a name, logo, or tagline registered under a single application, as the Registrar considers each element separately. Therefore, separate applications are required for each of them. For example, even Nike has its logo, name, and tagline registered under different applications.
Ans. A brand name, logo, or trademark is considered intellectual property and plays a crucial role in distinguishing the goods and services of one brand from another. To protect a logo as a trademark in India, it should meet the criteria defined under Section 2 (zb) of the Indian Trade Marks Act, 1999. According to this definition, a trademark must be capable of being represented graphically and should have the ability to distinguish the goods or services of one entity from those of another. It may include various elements like the shape of goods, packaging, or even combinations of colors.
When a trademark is protected, it grants the owner the ability to prevent unauthorized use of their brand and take legal action in cases of trademark infringement. It is essential to understand that trademarks are not limited to brand names or slogans; they also provide protection to the logo itself, including its elements such as the name, fonts, colors, typography, shapes, etc., which may not be protected under copyright laws.
Protecting a logo, especially one with brand equity, is vital for safeguarding the market value of the product and preventing infringement. By obtaining trademark protection, one can establish a strong brand identity and ensure the logo's uniqueness and exclusivity in the marketplace.
Ans. Trademark registration offers significant advantages to both businesses and individuals alike. For businesses, it serves as a powerful tool to establish a distinct identity and build a reputable image among clients, enabling the brand to grow and expand. A registered trademark provides legal protection, allowing businesses to safeguard their unique identity from unauthorized use by competitors or counterfeiters.
On the consumer side, trademark law plays a vital role as a consumer protection statute. It benefits individuals by helping them make informed choices and become better consumers. By recognizing and differentiating among various trademarks, consumers can reinforce positive buying experiences by selecting brands they trust and prefer. Moreover, trademarks also enable consumers to avoid bad buying experiences by identifying and steering clear of brands they may have had negative encounters with in the past.
In summary, trademark registration fosters trust, enhances brand recognition, and ultimately creates a positive buying experience for consumers, while simultaneously offering businesses a means to protect their brand's reputation and exclusive rights.
Ans. As per Section 18 (1) of the Trade Marks Act 1999; any person claiming to be the owner of the specific Trade Mark may file the application themselves. The Application can be made to the Registrar of Trade Mark in writing or through online as well. In here, the meaning of the word “person” includes the following entities:
Henceforth, individuals can register their Trade Marks themselves. Although, this process does not exactly end with the filing alone and the registration of Trade Mark is long as well as challenging process.
Ans. It is during the initial stages of the Trade Mark registration process that the status on the Trade Mark Registry website shows as “Send to Vienna Codification". This is one of the first steps taken for any trademark that comprises any figurative element or logo. This codification is done to facilitate Trade Mark Code for an artwork or logo.
Ans. The ® symbol is used only when the mark is registered as a Trade Mark. This symbol can only be used only when a certificate of registration has been granted for the Trade Mark.
In conclusion, for comprehensive guidance on trademarks, including registration, maintenance, and robust protection in India and overseas, as well as assistance with other intellectual property matters, individuals can reach out to our firm using the contact information provided in the designated section. Our team of legal experts is readily available to offer their expertise and support in safeguarding and maximizing the value of intellectual property assets.