- What is a trademark?-
A trademark is a sign, expression or a designed which can be recognized and it produces a sort of identification for products and services of a particular company, person or manufacturer so as to distinguish it from other such products and services.
- Who all can apply for a trademark?-
Any person who is claiming to be the owner of the trademark can apply for a trademark– be it an individual, company, legal entity or a proprietor. In India, the application for a trademark can be filed and within a few days one can start using the ‘TM’ symbol. The time required for the registration of trademark formalities to complete is generally between 8-24 months so for that period one may use the ‘TM’ symbol. Once the trademark is registered and a registration certificate has been issued, one can use the ® (Registered symbol) next to the trademark. A registered trademark is valid for a period of ten years from the date of filing and this can be renewed from time to time.
- What are the functions of a trademark?-
1. It provides identification to the product/service as well as to the source.
2. It gives a guarantee about the quality.
3. It serves as a tool for the advertisement of the product/service.
- What the various types of trademark ?-
1. A name. It can also include the surname of the person applying for a trademark or his/her signature.
2. An invented or coined word which can be random dictionary word or words or can be meaningful. They may or may not have a relation with the quality, character or description of the goods.
3. Can be a combination of alphanumeric characters or letters or numbers.
4. Can be an image or a symbol or monogram.
5. It can be some 3 dimensional shapes or a 3 dimensional letter/word.
6. Can also be in the audio format.
- What are the documents required for filing a trademark application in India?-
1. The copy of the proposed trademark.
2. Details of the applicant like name, address, nationality and in the case of a company the state of the corporation is required.
3. The goods of services which have to be registered.
4. If the trademark has been previously used, then the date of first use of trademark in India.
5. The power of attorney has to be signed by the applicant in a Rs. 100 stamp paper.
- What are shape trademark in India?-
The last decade has seen a shift in the view and coverage of trademark in the world. Trademarks have always been seen as pictures or symbols or words representing a particular product but trademarks have now evolved and many new trademarks have come into picture. Examples of this are: specific shapes and 3D or 3 dimensional trademarks, sound trademarks, holograms or even smell trademarks. Keeping in mind the increase in the use of unconventional trademarks globally, the Trademark Registry in India has been taking numerous steps in this regard and making standards, protection guidelines and procedures for the use of such trademarks.
- What is shape trademark (Shape Mark) registration in India?-
The Indian Trademarks Act, 1999 says that a trademark may include the shape of goods; their packaging as long as the shape clearly distinguishes the goods sold from other such similar goods and provides a unique identity.
- What are the special criteria to be fulfilled by shape trademarks in order to be eligible for use as a trademark?-
1. Nature of goods- The shapes to be registered as trademark must be distinctive from those goods and services for which they are being used or would be used.
2. Technical result- The shape should also not be as such that it would become necessary to obtain a technical result. This criterion has come into picture to determine whether the shape which is being registered is not a result of a technical procedure or a process used in the manufacturing of the goods for which the trademark is sought to be registered.
3. Value of goods- The shape must not be such that it gives substantial value to the goods being sold and this criterion has been laid down to ensure that other manufacturers selling the same product may not lose out on the value of their goods. It should not appear that the shape trademark is offering a kind of an extra design or outward appearance to the product.
To apply for Trademark Registration click here.
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