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What is a Trademark?

A trademark is a symbol that distinguishes one company’s goods or services from those of other companies. Intellectual property rights safeguard trademarks. Trademark Form TMA-3, Trademark Registration – The Trade Marks Act.

 

Trademark Registration

You may protect your brand or logo by registering it as a trademark, often known as logo registration or brand registration. By registering a trademark, you get ownership of the emblem, title, or brand.

 

What is the procedure to apply for a Trademark?

1. Complete the trademark application form.
2. Submitting an application for a trademark registration
3. Examining your application for a trademark registration
4. Publication in Trade Mark Journals in India
5. Obtaining a certificate of trademark registration

 

Nature of the Application

A standard trademark application is one that is filed for a word, a device, or any other combination of these elements.

When a trademark pertains to a community or organisation of people, it is referred to as a collective mark. The Indian Standards Institute mark, for example.

A certification mark on a product, generally, indicates to a symbol of quality, legitimacy, or guarantee of the idea that the item has been tested and found to satisfy the relevant criteria. The Fruit Products Order mark, for instance.

The proprietor may use or intend to use the primary feature of the mark in multiple aspects, and rather than filing individual applications every time, it could be filed as a series.

The constitution of the company under whose name a trademark application has been submitted.

The information to be entered here will determine if the entity is a person, a startup, a small business, or anything else. Based on the nature of the application, a fee will be charged.

Information about the application

The essential information, including the company’s name, trade name, and address of its main office, should be filled correctly.

Details of the applicant’s agent, if there are any

• In the required form, the agent’s basic information must be supplied. Furthermore, the type of the agent must be indicated. Given below are the following are the characteristics of the agent specified in the form:
• Registered Trademark agent: An individual that has reached the age of 21 and holds an university degree from a recognised Indian university or a certification equivalent to one.
• He or she would become a registered trademark agent after passing an exam.
• A lawyer who represents a client in a court of law.
• A constituted attorney: is a person who holds a power of attorney and acts on behalf of another individual.

Trademark Details

Classification of the Mark

• A word mark is made up of a word or a collection of letters. The term doesn’t have to be meaningful. The most frequent sort of trademark is a word. For example, Google, Coca-Cola and others.
• A device mark is made up of a combination of images, text, or drawings. Logos, slogans, and illustrations are all examples of this. For example, the nike logo, microsoft and so on.
• Color: A certain colour or a mix of colours can also be recognized a trademark if it aids in distinguishing the entity’s goods or service from that of competitors. It is usually the most difficult kind of trademark to defend and enforce.
• Three-dimensional trademark: Certain items, such as Toblerone packaging and the Super Cub Scooter of Honda, have three-dimensional forms that function as trademarks. They are generally reflected through the product’s physical look or packaging.
• Sound: The song must serve as a distinguishing feature of the entity’s goods or services. The tune’s function is to leave an impact upon its listener’s minds so that it becomes simple to remember. Nokia, for example, has a theme tune.

The mark’s description

• The mark must be readable and understandable, with a size of no more than 8cm × 8cm.
• When a color scheme apart from white and black is used, the uniqueness of the mark would be taken into account.
• In the case of colour markings, a detailed description is required. Trademark Form TMA-3.
• An audio clip in Mp3 file should also be provided in the event of sound marks.

When the trademark is not in English or Hindi

First and foremost, the language must be addressed. In addition, an English version of the mark must be given.

 

In terms of use, there are certain restrictions or limits.

Any restrictions or limitations imposed upon the use of trademark must be detailed in this section.

 

Goods or services of a certain type

The type of products or services to which the trademark relates must be described in detail.

A statement addressing the trademark’s use

The statement regarding trademark usage should be published in the application under this heading and must be filled out in line with it. Once made, this statement is definitive and irrevocable.

Priority claim

When a trademark is originally filed, the applicant is given a six-month term from its time of the very first filing to file in any other territory. This is done to guarantee that a priority claim on a certain trademark may be lodged anywhere in the globe, avoiding future dispute. The application’s stated areas should be addressed to the full.

 

FAQ’S on Trademark Form TMA-3

What are all the parameters that a Trademark must meet in order to be used as a trademark?

As a result, before a trademark can be registered, it must first have a sign, and that sign has to be unique. Because the objective of a trademark is to identify products from other goods, almost any indication that can help to show the difference  between goods and can be used to create a trademark.

 

What does the trademark TM-A stand for?

FORM TM-A The Trade Marks Act of 1999 is a federal law that governs the use of trademarks and  Application for trademark registration, the pertinent information must be filled out in c.

Is it okay if I use the trademark TM in my logo?

The trademark symbol (TM) is a symbol that businesses frequently use on their emblem, brand, slogan, word, or design. The (TM) symbol has really no legal significance. The symbol can be used on any mark. Trademark Form TMA-3, Trademark Registration – The Trade Marks Act.