How To Protect Your Brand?

Trademark gives information about the source of the goods. It is a unique expression which is used for the purpose to show distinctive character of the good. It may be word, slogan, logo, graphic design, shape, sound, smell. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in (there are a total of 45 categories, called classes). It is generally represented by sign.

The symbol ® indicates that specific trademark is registered by the owner.

The symbol indicates trademarks for which a registration application is filed.

Benefits of trademark registration:-

1. Trademark registration is necessary if you want your business to be recognized as distinctive from the others.
2. Trademark is an indication of the quality of the product.
3. The registered proprietor of the trade mark has exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark.
4. It will preserve a trademark for generations.
5. It gives the ability to establish a right to the trademarked word, logo, and sound, graphic or even color combination.
6. It protects the “mark” by preventing similar names from being registered by other businesses operating in the space.
7. It develops a unique identity that associate the people with the specific brand

Procedure:-

1. Find the Trademark
2. The first step is the selection of a trademark.
3. Search the trademark records and ensures that the trademark does not resemble the registered mark. After thorough research, the application for registration in the trademark can be made in the prescribed form.
4. Form TM-1
5. The next step is to filling of form TM 1. However, for online application, a Class III Digital Signature is required. For offline application, application to the Offices of the Trademark Registry is required. The application for registration of trademark must contain the following particulars:
6. “Mark”
7. Trademark owner’s information,
8. List of goods or services for which the trademark will be used.

Objection:

Once the application is made, the Registrar will search for the uniqueness of name and will check the registered marks and pending applications to ascertain whether any such marks exists. In case of any objection by the registrar for acceptance of application or to accept the application with certain term and conditions, amendments, limitations, etc., the same is communicated in writing to the applicant and the applicant has to revert back regarding their rectification within period of three months.

Opposition:

In case of no objection the trademark will be eligible for advertisement in trade Mark journal. The advertisement of the trademark in the trademark journal gives opportunity to other to oppose the published trademark, but a business can also hire other types of advertisement such as the Best Solo Ads. If there is any opposition by third party, the process of obtaining certificate may extend to such time until both parties will get the opportunity to be heard.

Registration:

If no one opposes the particular trademark then in four month of its publication, a trademark registration certificate will be issued within 6 to 10 months. The entry of a trademark will entails the date of registration, list of goods or services for which it is registered and other particulars. The trademark registration will be 10 years and can be further renewed.

Use of Trademark:

Now the Mark can be used with . But to use ® symbol, it would take up to 2 years if everything goes smoothly

Well-known Trademark and Trans Border Reputation

A well-known Trademark in relation to any goods or services means a mark that has become so to the substantial segment of the public, which uses such goods or receives such services such that the use of such a mark in relation to other goods and services is likely to be taken as indicating a connection between the two marks. The use of well-known trademark in relation to goods which belong to other class may also be termed as a basis for trademark infringement.

Legal Remedies against Infringement and/or Passing off

Infringement of trademark is violation of the exclusive rights granted to the registered proprietor of the trademark to use the same. A trademark is said to be infringed by a person, who, not being a permitted user, uses an identical/ similar/ deceptively similar mark to the registered trademark without the authorization of the registered proprietor of the trademark.

However, it is pertinent to note that the Indian trademark law protects the vested rights of a prior user against a registered proprietor which is based on common law principles. One can institute the passing off action which is common law remedy regarding the prior use. For an action of passing off, registration of a trademark is irrelevant. For the successful action 3 conditions must be satisfied- 1. Goodwill of the business must establish. 2. Misrepresentation 3. Damage.

We can sum up and say for the purpose of successful infringement suit as well as passing off action one thing is mandatory that us of mark by the infringer must create an actual confusion amongst the consumer in relation to the source of good.

Example of trademark:

1. Brand names like Apple, Sony.
2. Product shapes like the Coca-Cola bottle.
3. Symbols like the Nike swoosh symbol, Puma
4. Nike tagline