Introduction to Trademark and Its registration
A Trademark in India is a visual representation or symbol that is used by the business to distinguish the products and services used by the business from other goods or services in the form of word, name, label, colour combination, numbers, etc. Made in different business. Find out what are the items included in the checklist for trademark registration in India. In India, trademarks are registered with the Comptroller General of Patents Designs and Trademarks (CGPDTM), Ministry of Commerce and Industry, Government of India. Furthermore, trademarks are registered under the provisions of the Trademark Act, 1999 and give the trademark owner the power and autonomy to sue for damages whenever a trademark violation occurs. Introduction to Trademark – Trademark Registration in Erode is what we are going to be discussed in this article.
Technically, if a particular mark is associated with a service, it is called a “service mark”, but the trademark is usually used to denote two marks associated with services and goods. The purpose behind trademarks is to allow companies and individuals to indicate the source of their goods or services and to distinguish them from others in the industry.The primary function of a trademark is to distinguish the goods or services offered by a merchant from those offered by other merchants. The trademark registration is therefore an important aspect of any business, because it not only identifies a merchant, it communicates to consumers that the goods or services that bear this mark are from a particular source, and can be distinguished from all other resources for those goods or services.
Documents required for Trademark registration
The following are the documents required to obtain a trademark registration –
Details such as the name, nationality and address of the applicant concerned
Certificate of Incorporation in the case of a company or LLP (Limited Liability Partnership)
In the case of a company that qualifies and qualifies for a lower filing fee, Udyog Aadhar registration may be indicated. A detailed description of the goods or services that the trademark represents.
The trademark class (out of a total of 45 trademark classes) must be specified for the trademark application, but one is eligible to file a multi-class (Class 99) trademark application.Power of Attorney in Form TM-48 format (form of agent’s authority) must be signed by the applicant.
Online process
Class Search – The first step is to find out under which class the good or service is classified. It is important to register the mark under the appropriate class to avoid problems during the pre / post-registration process.
Availability– It is important to verify that there are no similar or other marks under the same class after the class has been verified. Trademark Registration will not be granted if such mark is entered.
After application filing-verification, the next step is to file the application for trademark registration in e-FormTM-1. Make sure you have all the required documents and correct information attached before submitting the application.
Objection – You do not need to object, but if your trademark objected, you must reply to the objection. Registration will be given to you after you reply to the objection and convince the registrar that the mark is registration.
Hearing:
If the examiner is not satisfied with the written answer and further clarification is required; He schedules the hearing. Application status that appears to the applicant is “show cause ready for hearing”.
Accepted & Announced:
This is the stage where Trademark is published in the Trademark Journal for a period of 4 months. Once it is published in the journal, a third party who believes the mark should not be registered can file an opposition against it.
If the application is accepted and promoted-
No objection
Objections answered with a justifiable answer or
They will be cleared during the hearing
Opposition:
Within 4 months of the trademark being published in the Journal, a third party raises the objection against the trademark registration. If there is no objection, the trademark will be further processed for registration.
Counter Statement:
When an applicant receives a third party objection, a reply must be sent within 2 months. In case of failure it can lead to abandonment.
Hearing:
The final stage of opposition is hearing. Here both parties are allowed to argue and place their statements. After hearing from both sides the officer will pass the necessary orders. If the order is in favour of the applicant, then the trademark will be registered otherwise it will be abandoned.
Registration:
The trademark registration process takes 15-18 months. You can use the TM mark on your brand name when you submit your application and finally, you can use the mark on your brand name when it is registered.
Benefits of trademark
Once a trademark is granted, the owner enjoys three main benefits:
Notice of claim to other businesses intending to use the same symbol or term as its trademarks
The legal presumption of ownership, which helps customers escape
The exclusive right to use the claimed trademarks
Recent news on Trademarks
An EU court on Wednesday thwarted an attempt by US drinks giant Coca-Cola to gain trademark status for the new design of its iconic fluted bottle across the 28-nation bloc.
Discovered as a tonic drink in the United States in the late 19th century, Coca-Cola is the success of modern-day marketing, with its contour bottle being one of the most widely recognized global brands. In 2011, the company introduced the Flat Surface Bottle, but EU officials rejected its trademarks request because it said it did not have a “distinctive role” in the new design.The Commonwealth’s second court, which ruled on the company’s appeal, said there was no reason to change that view, adding that the new design was a variant of its predecessor.
New York: Twitter has applied for a trademark for the word “subtweet”, which another person tweeted without mentioning their Twitter name, Digital Trends reported.
If Twitter is successful in its bid, the term “subtweet” belongs to the company to use in the commercial context.Words like “tweet”, “subtweet” and “tweetstorm” all refer to Twitter activity, but are usually used by users or in relation to user behaviour. For his part, Twitter tried to trademarks all of them, but not always successfully.
