TRADEMARK REGISTRATIONBy aapkaconsultant.com

AN ISO 9001:2015 CERTIFIED COMPANY

WHAT IS A TRADEMARK?

A trademark is typically a word, phrase, name, symbol, logo, image to distinguish a company's products and services from others. It is used as a marketing tool for creating Brand value of a company's products or services in market. A ‘Mark` may consist of any word or invented word, letter, number, signature, label, name written in a particular style, brand, heading, shapes, or any combination thereof or a combination of colours.

If trademark is to be registered a mark should be unique, distinct and capable of distinguishing goods or services from others.

It should not be misleading. It should not be identical to an already registered trademark of

another person.

BENEFITS OF TRADEMARK REGISTERATION

Through registering the trade mark, the owner owns the exclusive right to the use the goods and services of the registered trade mark and indicates by using the symbol (R) and seek the relief from any violation/infringement in appropriate courts in the country.

Trademark Registeration is very helpful as it gives a unique identity and branding to your goods and services.

 

By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses to imitate you.

Trademarks help build brands and brand recognition to boost goodwill. That boosts market share, profit margins and the value investors will place on your business.

Building value

 ProtectionUnique Identity

TYPES OF TRADEMARKS

1. Product Trademark These are those marks that relate to identify goods.

2. Service Trademarks Service mark is a trademark used to identify services rendered by an organization from other.

Titles, characters names are registered as service marks.

3. Collective Trademarks They are registered in the name of groups, associations or other organizations which indicate

the membership of group for the purpose of involvement and utilisation of members of the group in their commercial activities. However, such marks are not so popular.

4. Certification Trademarks These are those which distinguish the goods or services in connection with the course of trade

and which are certified by the proprietor in respect of their material, origin, quality, manufacturing methodology and specific features.

5. Textile Trademarks Textile mark is a trademark used in textile goods.

6. Enterprise Trademarks A trademark used by a person or an entity to identify the business is referred as an enterprise

trademark or trade name.

7. Series Trademarks Several trademarks may be registered as series as goods or services in the name of the

proprietorand , differ only as to matters of a non-distinctive character not substantially affecting the identity of the trademark.

8. Associate Trademarks The trademark are registered as associated trademark in cases where two marks registered under

same class are identical or so nearly resemble each other as to be likely to deceive or cause confusion, if used by a person other than the proprietor in respect of the same goods or description of goods or services.

9. Shape Trademarks  Graphical representation of the trademark capable of distinguishing the mark from the

competing entities is called shape trademarks. It plays an important role in registration of the mark.Shape of trademark has facilitated promotion of products. 

10. Sound Trademarks A sound trademark is a trademark where sound is used to perform the trademark function of

uniquely identifying the commercial origin of products or services.  Sound marks are presented graphically.

Trademark Registeration Process

Trademark Search

Trademark Filing

Trademark Application Allotment

Before the registration process begins, one must conduct a Trademark Search. It will provide information about identical or similar trademark that has already been filed with the trademark registry.

Once the search is completed, application of trademark registration can be filed. The application of trademark registration must be made in prescribed manner and filed along with the fee for trademark registration.

After filing the application, a trademark application allotment number is provided within one or two working days. After getting the trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.

Vienna Codification

Once the application is filed, the Trademark Registrar will apply the Vienna Codification to trademark based on the figurative elements of marks.

Trademark Examination

After the completion of Vienna Codification, the trademark registration application will be allotted to a trademark officer. He would then review the trademark application for correctness and issue a Trademark Examination Report.

Trademark Journal

Publication

Once the trademark registration application is accepted by Trademark Registrar, the proposed trademark is published in the Trademark Journal. If the application is apposed by a third party, hearing will be called for by Trademark Hearing Officer. Based on the hearing, application will be accepted or rejected.

Trademark Registeration

Once there are no objections for the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared. After the certificate is issued, the trademark is considered to be a Registered Trademark of the owner.

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