What is Trade Mark?
It means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colour.
What can be filed as Trade Mark?
Trade Mark is brand name for goods or services in the form of Logo, Punchline, Label, word signature, name, device, numerals, or combination of colours, shape to distinguish it from other similar goods or services originating from a different undertaking.
Points to remember while adopting TM:
From the business point of view as well as the legal point of view, proper selection of Trade Mark is very important.
From Commercial and Business point of view TM should be easy to pronounce, easy to remember, it should be unique and attractive, the best trademark are invented words or coined words.
Why to register Trade Mark:
Trade Mark registration confers upon the owner the exclusive right to the use of the registered Trade Mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek relief of infringement in appropriate Courts in the country.
A Trade Mark is a means through which goods or services can be identified and distinguished from those of others by the purchasing public.
A registered Trade Mark offers a bench of exclusive rights to the owner including the right to exclusive use of the Mark in relation to the goods or services for which it is registered.
It enhances visibility of the Brand Name and thereby increases sales of that goods or services.
The trademark is assignable as well as transmissible which can be done after following procedural formalities in connection with Assignment & Transmission.
A registered proprietor of a trade mark can prevent others from using an identical or deceptively similar trademark in relation to any goods or services in respect of which the mark is registered.
Who can apply for TM Application?
Any Individual Person, Partnership, LLP, Pvt Ltd Co, Trust, NGO, even Govt. agency can apply.
When to use TM?
You can use (TM) mark as soon as the Trademark application is filed
Once the TM application is Registered then you can use R.
Renewal:
The validity of Trade Mark is 10 years which expires if not renewed. It can be renewed from time to time for further period of 10 years each.