Essential things of trade mark registration in India

Essential things of trade mark registration:

Essential trade mark registration is the best way to identify your products. That makes business from products made by another business. A trademark can be name, word, phrase, symbol, logo, design or picture. For example, Coca-Cola and Coke are the trademark names for the drink made by the Coca-Cola Company. No other business can use this trademark names or some name similar to them.

The owner of the trademark can be an individual person or a business organization or legal entity. A trademark can be in the package, label, or on the product itself. Sometimes, trademarks symbols are displayed on company buildings for the identification of company.

Essentiality of trademark under law:

Trademarks are protected by law. In some countries people get their trademarks simply by using the name, word, phrase, symbol, logo, design, or picture on its products. The symbols ™ (™ refers to trademark symbol) and ® (® refers to the registered trademark symbol) are used to indicate trademarks. The owner of a trademark should be registered.

Essential history of trade mark registration:

The first legislative act about trademarks was passed in 1266 under the rule of Henry III, for bakers to use mark for the breads they sold. Later, the first modern trademark registration laws was emerged in 19th century. The 1938 Act served as guidance for similar legislation and also contain some novel concepts such as associated trademarks.

Essential purpose of trade mark registration:

The trademark helps in customer retention. After getting license the trade marks can be used by others. The owner of the company should pursue legal action against trademark infringement. The main purpose of a trademark is to prevent unfair competition among two companies that uses consumer confusion to improve their business. For example, an independent diner used a golden, arched “M” as its logo; it could confuse customers, that it is an establishment of McDonald’s. The cause of this confusion is against trademark law.

The purpose of trademark law is two-fold:

• A trademark registration helps customers to distinguish between  two products
• A trademark protects the investment of the owner and their reputation.

 Essential Symbols of Trade mark registration:

The three symbols are

• Circled R (®)
• Little capital letters TM (™)
• Little capital letters SM (℠).

The circled R can be used once you have got a federal registration. This means you’ve applied for it and received a trademark registration from the US government. You are not allowed to use the circled R unless you receive the brand name registration. If you apply for the trademark and then begin to use circled R, which leads to the violation of federal law you have the trademark.

Symbols usage:

The other two symbols are little capital letters TM or SM. These symbols can be used before you file a trademark application or during the application process.TM stands for trademark. A trademark usually represents goods, like clothing or sunglasses.SM stands for service mark. Service marks are marks that represent the services. For example, I’m Gerben Law Firm. I offer legal services. It’s a service mark.

How to Choose a Strong Trademark?

If you are launching a new business, product, or service, you should choose the trademark with the strongest legal status. For example, if you are opening a pizza shop, it cannot be protected by a trademark. In case of Speedy Bike it is eligible for trademark registration, but you should make sure that nobody has been already registered that trademark.

You will receive strong protection for a trademark based on the nature of your business, products, or services. Some examples of good trademarks are:

• Blu-ray
• Coppertone
• Pasta Pomodoro

 Essential trademark in Market:

An arbitrary or fanciful trademark is one of the strongest types of trademarks available for protection. An example of an arbitrary mark is an English word used in a new context. For example, Apple is the name of a company that sells smart phones and computers. Blackberry refers to a mobile phone for business.

Some examples of fanciful marks are:

• Kodak
• Viagra
• Verizon
• Prozac

A good trademark is one that nobody is using it already. You can use the United state Patent and Trademark Office and websites like uspto.gov to do search of registered trademarks. However, you should keep in mind that you won’t see common law trademarks.

Essential Steps for filing:

1. We can register the trademark using Trademark Office‘s website.
2. Make sure that the trademark is not registered in the Trademark Electronic Search System database.
3. Apply online and make the payment for trade mark registration. The cost of registration will be between $275 and $325.
4. The response for the registration will be within six months of filing.

Essential functions of trade mark registration

• It identifies the goods and its origin.
•  It ensures unchanged quality of the products/services.
•  It advertise the products efficiently
• It creates good image for the goods

What are the Benefits of trade mark registration?

• Creates Brand Awareness
• Avoid Duplication
• Protect Goodwill
• Build Your Brand Image
• Acquire Legal rights of Business Brand
• Creates rational Properties as Assets
• No one can copy your Trademark

 Essential documents required for registration:

• Applicant Voter ID/Aadhar Card of nationality for Company  Brand Name
•  Power of Authorization
•  Trademark or Logo Soft Copy
• Goods or Services to be registered.

Terms of Trade Mark

 A unique feature of trade mark is its everlasting life.  Initially, the registration of a trade mark can be made for a period of 10 years and it can be periodically renewed and used unless it is removed from register or prohibited by court order.