Trademark in India and Abroad: Functions, Methods And its benefits

What is a Trademark?

Trademark is a visual representation attached to goods for the purpose of indicating their origin and is recognized by law. It includes any word, name, symbol, and configuration, device, Shape of goods, packaging, a combination of colors or any combination thereof which one adopts and uses to identify and distinguish his good from others.

Essentials of Trademark:-

• It should be a mark;
• It should be capable of being represented graphically; and
• It should be capable of distinguishing the goods or services of one person from those of others.

Functions of Trademark:-

• It recognizes the products of one merchant and recognizes them from merchandise sold by others;
• It means that all merchandise bearing a specific trademark originate from a solitary source;
• It means that all products bearing a specific trademark are of an equivalent degree of value;
• It goes about as a prime instrument in publicizing and selling the merchandise

Trademark Registration in India

Step 1: trademark search

Step 2: create a trademark application

Step 3: trademark registration

How to register a trademark in India

• Creation
• Screening
• Clearance
• Investigation
• Opinion
• Filing/Registration
• Protection
• Commercial Exploitation

Jointly owned Trademark:-

Registration of a single trademark on the name of two proprietors, who would use it independently, is not possible. However, a person other than the registered proprietor of a trademark can be registered as a user of the trademark (certainly with the consent of the proprietor).

International protection of Trademark:-

Trademark is territorial in nature so if a company plans to expand its market abroad it will really become difficult for him to register the trademark abroad this renders the company an exclusive right to commercialize its products in those markets in abroad. It also provides a strong premise not just for stopping counterfeiters but also ensuring that the company enjoys exclusive rights over one of its most valuable business asset. Further, it provides the opportunity of licensing the trademark to others or maybe the basis for that company’s franchising or merchandising strategy.

Methods of International Trademark registration

There are two different modes which have been specified for filing an International application. These are discussed below:

• International application in each foreign country

A direct international application must be given to the trademark office of the specific foreign country as in accordance with the rules and regulations of that country for the protection in any country.

• The international application under the Madrid system

In this arrangement, the registration of the trademark can be started by applying an International application to the concerned of that country.

What are the benefits of a Trademark?

Generally, people are under the perception that they can protect their trademark simply by using the mark in commerce. It is right that you are not required to register a trademark to achieve some level of protection and also that one ascertains common law rights simply by using a mark in commerce.

Who should get the trademark register?

• Businessmen: –A trademark may be registered for goods or anything which is the subject of trade or manufacture (Safeguarding the product).
• Service Providers:- He is the one who provides services of any description which is made available to potential users and include the provision of services in connection with business of any industrial or commercial matter like banking, communication, education, financing, insurance, real estate, entertainment, transport, construction, boarding lodging, advertising etc (Protecting the name and quality of services).
• Well Known Brands:-A brand or a mark/ Symbol which become a substantial segment of the public which uses such goods or receives such services that use of such mark/symbol in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods. (Safeguarding the name).
• Domain Name: – It’s important to protect the name of your website so that it is not used by anyone else otherwise it can hamper your profits and growth. (Protect the name of your website)

Documents needed to file the application for Trademark in India

• Copy of logo or trademark
• Names, address, and nationality of Applicant and for a company: the state of incorporation
• Details of Goods or services intended to register
• Date of first use of the trademark in India
• Applicant’s signed Power of attorney