Important Things you need to know regarding trademark registration
Table of Contents
Things you need to know regarding trademark registration
Important things you need to know regarding Trademark Registration like Logo & Symbols, Series Marks, Color Marks, Visual Representation, Geographical Indicators, Certification Mark, Intangible Asset, 3D, Shape of Goods, and Pattern Mark.
A Visual Representation
A mark for which registration is sought must be presented to the applicable trademark registration authority, which is a widely acknowledged element of trademark registration procedures across the world. The most common form of this depiction is a visual representation.
Geographical Indicators
Geographical indications (GIs) identify a good as originating from a particular place.
Sound Marks
Sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services.
Color Marks
Color is used to perform the trade mark function of uniquely identifying the commercial origin of products or services.
Series Marks
Series Marks is a trademark applied for, is in the form of a series.
3-D Three Dimensional Marks
A 3 Dimensional mark or 3D mark can be applied for when a product stands out in the relevant product market due to its shape or its packaging.
Logos and Symbols
A trademark protects a slogan, phrase, word, company name, logo, or designer and a logo is a symbol or design used by a company.
Shape of Goods
TM includes inter alia, the shape of goods, their packaging and color combinations.
Collective Trademarks
Collective Trademark belongs to a collective group or association of persons.
Pattern Marks
Pattern Marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking.
Certification Mark
A certification mark is a type of trademark that is used to show consumers that particular goods and/or services, or their providers, have met certain standards.
An Intangible Asset
Face the possibility that your company develops a reputable name and a profitable brand. A trademark, as a kind of intellectual property, provides the firm with several advantages. A trademark becomes an intangible asset that may be transferred, franchised, economically contracted, and disseminated after it is registered.
Protection Against Infringement and Other Legal Protection
If there is any infringement with regard to the owner’s logo, brand, or phrase that has an active trademark against it, the owner of a registered trademark can enforce his legal rights. The trademark owner has the right to fight any third party who uses the Trademark without the trademark owner’s consent.
Class Section
There are 45 distinct sectors in which the commodities and services are categorized. A class is a name given to each sector. At the time of application, each logo or brand name must be registered under the proper class. 34 of the 45 classes are product classes, with the rest 10 being service classes.
Registration is voluntary, not mandatory.
A trademark is registered on a purely voluntary basis. However, when a trademark is registered, it serves as actual proof that the Trademark pertains to the person who made the efforts to acquire them. Every legal decision is in favor of the person that registered the Trademark.
Validity
A trademarked name has a duration of validity of up to ten years before it has to be renewed. However, the renewal process may only be started one year before the registered Trademark expires. Even after elimination, the Trademark might be restored through a process called trademark restoration in the United States. If this is not done, the Trademark will be taken away.
Symbols for Trademarks
Symbols for Trademarks connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that common law rights in the mark are claimed.
Service Mark and Trademark
This indicates that the Trademark has still not been registered; however, an application is at work. It is posted to serve as a warning to other parties who may violate the same. Because the authorities have not yet accepted the application, there is no particular legal consequence.
C Symbol
The C symbol is commonly used to denote the owner’s copyright over a piece of creative work. Artwork, photography, videography, literary works, and software are all included in this.
FAQ’S on things you need to know regarding trademark registration
When is the TM used?
Once a trademark application has been submitted with the Controller General of Patents, Designs, and Trademarks, the TM mark can be used in conjunction with the Trademark.
When is the ® mark used?
Once the trademark application has been accepted by the Controller General of Patents, Designs, and Trademarks and trademark registration has been obtained, the ® mark can be utilized.
When is the validity of Trademark Registration?
Trademarks that have been registered are valid for ten years from the date of filing. Before the trademark protection expires, the mark owner can file a renewal application to keep it active.
Who needs Trademark registration?
A trademark can be registered for any term, title, device, logo, number, or color combination that can be visually represented.
Which Trademark cannot be registered?
A similar or identical mark to an already registered trademark or a trademark where a request has been filed is ineligible for registration.
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