‘Trade Mark’ –Trade mark means, a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors.
“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof;
A Trade Mark is a mark, adopted for distinguishing, in the course of trade, the goods or services of one person from those of others; and it may be- Word, Device (picture, figure or geometrical design), Label, Logo, Name, Signature, Letters, Numerals, 3 dimensional shapes, packaging of the Goods, Combination of Colors or Sound.
Purpose & functions of a Trademark
- To identify the origin of the product/service.
- To distinguish the product/service of the proprietor from those of others.
- To guarantee the quality of the product/service, and
- To advertise the product/service.
Benefits of Registration of a trademark
- Registration is prima facie evidence of proprietorship of the trademark.
- It gives the exclusive right to use the trademark in respect of goods/services; and to take legal action in case of infringement.
- The registered proprietor may assign or license the trademark as any other property.
- The registered proprietor can enjoy the Goodwill associated with registered trademark forever, if the mark is renewed from time to time.
Registering the trademark in India
- In case you want to register and protect your trademark within the territory of India, you must register it with the Registrar of trademarks in Indian Trade Marks Registry.
- The Controller General of Patents, Designs and Trade Marks is the Registrar of trademarks.
Steps for registration of trademark in India
- Select a good trademark.
- Apply for registration on appropriate form with appropriate fee.
- Classify your goods & services and specify them properly.
- Apply before appropriate office of the Trade Marks Registry; and.
- Respond to office queries/notices properly and on time.
Selecting a good Trademark
Go for a trademark which is-
- Easy to speak & spell (in case of word mark),
- Appealing and easy to remember or recollect.
- invented or coined word, unique monogram, logo or a geometrical device
Don’t go for a trademark –
- Which is not capable of distinguishing your goods or services from those of others- like one/two-digit letters or numerals, common surnames/ names, words or pictures of the product concerned, etc.
- Which refers to character or quality of goods/services concerned, which indicate geographical origin, which are common to trade.
- a deceptive, scandalous or offensive matter or a matter prohibited by law to be used as a trademark.
- a mark which is same/similar to an already existing trademark.
Registering the trademark abroad through Madrid System
- The Madrid system provides one single procedure for the registration of trademarks in several territories.
- It is governed by two treaties, ‘the Madrid Agreement concerning the international registration of marks’ (briefly known as Madrid Agreement) and the ‘Protocol relating to the Madrid Agreement’ (briefly known as Madrid Protocol).
- These treaties are administered by the International Bureau (IB) of the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland.
Who can file application for international registration?
Any person (including a legal entity)
- who is a citizen of, or is domiciled in, or has real and effective industrial or commercial establishment in a country which is member of the Madrid Protocol, and
- who has got a registration of a trademark or who has filed an application for registration of trademark in that country
can make application for international registration of trademarks under the Madrid Protocol.
The application for international registration is made by the same person for the same trademark and in respect of goods or services covered in the domestic application or registration.
