Everything You Should Know About Pattern Mark
A pattern is used as a replica to make a design, a copy or an ordinary action. For example, the patterns that are designed on a dress are recognised as pattern mark. Pattern marks comprise patterns that are capable of recognising products or services as originating from a particular undertaking. Such patterns are differentiating it from those of other undertakings that are able for Trademark Registration.
What are the Advantages of Pattern Marks?
Following are the primary advantages of such marks:
- Conception of Intangible Assets: It creates Intellectual Property (IP) for an organisation. Here, an incorporated Trademark is a right created which can be sold, commercially contracted, assigned, or franchised. The pattern marks are an asset that provides benefit to the organisation.
- Security against Pattern Infringement: No opponent can use the logo or wordmark registered under Trademark. Suppose anyone uses it without the Trademark owner’s permission or makes any mistaken use of the same. In that case, the owner can get the lawful security under the Act and hinder the individual from doing so.
- Patterns Protection for Ten Years: Online Trademark Registration is done at a cheap maintainable cost. Once the pattern mark is incorporated, and the maintenance cost is paid, and the cost for renewal which has to be paid after ten years of incorporating the Trademark. It’s cost-effective and supports an entity to create a unique vision.
- Builds Goodwill and Confidence: The quality of goods and services are indicated via the Trademark, which creates trust and goodwill among the customers in the market. It aids in building customers who are genuine and always select the same brand.
- Pattern Marks Bring out the Product’s Quality: It gives recognition to the product’s quality. Clients attach the quality of the product with the brand name and pattern image that is created in the market. It aids to discover the particular brand’s quality which aids in attracting new clients, as they can distinguish between the product’s quality through the logo, the brand name or Pattern.
- Use of Pattern TM Symbol: Once the Pattern is incorporated, the Trademark symbol on the logo defines that it’s a registered Trademark, and no one can use a similar Trademark.
- International Trademark Registration: If anyone desires to register a Trademark in a nation other than India, the registered Trademark in India can be used as the origin of Registration there. For anyone eager to spread outside India, the Trademark Registration in India can provide a good base along with the recognised goodwill in the nation.
- Pattern Attracts Human Resources: Young talents aspire to join brands and perform as a magnet. It promotes the positive image of the organisation, and thus candidate is attracted to it easily. This decreases the cost of hiring and other similar activities.
What are the Necessities for the Pattern Mark Registration in India?
- Develop a Trademark such as a pattern symbol, name, or phrase. It must be easy to recollect and spell;
- Find out the eligibility and register the Pattern with the state’s local secretary;
- Perform a Trademark Search for the designed Pattern;
- Know the legal options and file the Pattern;
- Compile a Trademark application and explain the statement of the pattern use;
- Reply to the office action;
- Once the Trademark is obtained, it can be used right away;
- Protect such marks by using & making money from them;
- Maintain the Pattern.
Documents Required for the Registration of a Pattern Trademark in India
Following are some vital documents that are required for filing an application of Pattern in India:
- Proof of the address, name, and nationality of the candidate is required. If the candidate is a company, the proof for nation or state of Registration with the complete address is needed;
- A list of goods and the Pattern which has been placed for which Registration is needed;
- A copy of the pattern mark to be registered;
- If the application is filed claiming priority from an earlier-filed application in another nation, the details of that Trademark application are also needed during applying in India. A procedure like filing date, nation, application number, and Pattern of goods & services;
- Date of 1st use of the Pattern in India, if used at all, or else the application can be filed on a planned date, to be used if the Trademark is claimed before the application date. An affidavit attesting to such use with the relevant documents must be filed with the application;
- POA (Power of Attorney), a suggested documents approved by the certified signatory of the candidate with the name and designation mentioned.
Process to Register a Pattern Mark
Step 1: Search for a Brand Name: Find out a good brand name by performing a rapid search on a pattern name so that no one can claim the same name pattern.
Step 2: Prepare the Pattern Mark Application: Once the pattern name has been decided, enter the details in the application form of Trademark, which costs Rs. 350/-.
Step 3: Selecting the Brand Name Registration Application: There are two ways to file the Registration. One is offline filing, and the other is online filing (e-filing). In the case of offline filing, the application requires to be separately submitted for Registration to anyone of the Registrar Offices. Whereas in online filing, the acknowledgement of the application is issued instantly.
Step 4: Examination of Registration Application: Once they receive the application, the Trademark Registrar examines whether the brand name suits the law and doesn’t conflict with other pending or existing brands.
Step 5: Publishing the Mark: Once the examination is done, then it will be published in the Indian Trademark Journal. If there is no offence from another party for ninety days from the publication date, the brand name proceeds to acceptance.
Step 6: Issuance of the Pattern Mark Registration Certificate: If there is no objection raised within ninety days, the Trademark Registrar takes the application of Trademark and declares a Registration Certificate under the seal of the Trademark Registry. Once this mark is accepted, it is valid for ten years from the issuance date of the Registration Certificate. After ten years, the Trademark for marks can be renewed.
Any individual claiming to be the Trademark owner that is proposed or used by them may apply for the Trademark Registration. Usually, the individual who examines the use of the mark and controls the condition & nature of goods to which it is affixed or the services for which it is practised is the pattern mark owner.
Read our article:Difference between Assignment and License under Trademarks Act, 1999