Trademark assignment is a process where any party whose name is entered in the register as proprietor of the trademark can transfer the ownership of such trademarks in favor of...
What is Intellectual Property and Intellectual Property Rights?
A child from a creative mind is worth protecting. Laws have thus developed in the field of protecting such works which are not tangible in nature. The assets which are not physical are as valuable as others. Hence, Intellectual property which includes literally and artistic works, scientific and technical inventions, symbols and names used in commercial activities, geographical indicators, industrial designs etc. These intellectual properties can be protected from infringement and from usage without the consent/ or authority of the creator/owner. These rights not only protect the unauthorized usage but also provide benefits monitory and recognition to the creator; this encourages the creativity in the market in form of inventions, commercial activities, artistic build-up etc. in this article we will discuss Trademark Registration Importance?
What is Trademark?
As per WIPO, ‘A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.’A Trademark thus acts as a brand to the public and has goodwill attached to it. It may include any name, word, symbol, color, logo or any combination of these, intending to distinguish the specific goods and services from the others. The source of goods and service will be identified with the trademark.
What is the Status of Trademark Laws in India?
Though there were some laws regarding the trademark earlier in the country, in order to conform to the TRIPS (Trade-Related Aspects of Intellectual Property Rights), The Trade Marks Act, 1999 was introduced in India. Thereafter an amendment was introduced in 2010. Apart from the legislation, Indian Courts have been instrumental in drawing guidelines for protection of Rights in respect of Trademarks. A trademark is registered for a period of ten years but may be renewed from time to time for a period of 10 years upon application with the prescribed fee.
What is the Trademark Registration Process in India?
Any person who claims to be the creator/owner of a trademark in use or proposed to be used by him, who desires of registering the same, shall apply to the Registrar for the registration of his trademark.
Trademark registration is a long process. Following are the steps followed:
- Trademark Search
Upon deciding what the trademark shall be, a thorough search is required to be made in respect of the availability of the trademark. An already registered or widely used and popular mark is one that must be avoided to not fall into any disputes at a later stage.
- Application filing
Online Trademark registration can be filed with the Trademark Registrar in the prescribed manner and filed along with the fee with the following information:
- Proposed Logo or the Trademark
- Name and address of the creator
- Classification or Trademark Class
- If being used, then the date since when
- Description of the goods or services
The form shall be submitted along with supporting documents serving as proof of the stated information. A creator may sign a Power of attorney in favor of the applicant.
- Upon due examination by the Registrar, for any conflicts or prohibitions, the trademark will be published in Indian Trademark Journal for inviting any objection or issues from any parties which are required to be raised within 90 days. If no objections are received within such time then the proposed trademark proceeds to acceptance.
The trademark application thus stands accepted and a Certificate of Registration under the seal of the Trademark Registry is issued.