DEFINITION OF INTELLECTUAL PROPERTY RIGHTS
The definition of intellectual property rights is any and all rights associated with intangible assets owned by a person or company and protected against use without consent. Intangible assets refer to non-physical property, including right of ownership in intellectual property .
TRADEMARK PROTECTION
Trademarks protect brands. The name of the product associated with the product or service is called the trademark. Under trademark law, a trademark is anything by which customers recognize a product or the source of a product. Typically, that would be the words or names associated with the product or service. When the brand or trademark is made up of words, we refer to this as a word mark.
Other things can serve as your trademark. For example, sounds, colors, Design, and anything else that can bring the product and/or its owner to the minds of a consumer can serve as your trademark. The most common types of trademarks are word marks, logos, and slogans.
TYPES OF TRADEMARK
I. Word Mark
Word Mark means a name written as Text or a word or Letter or group of letters is the most common forms word of mark. For e.g.
Nike trademarks are trademarks owned by the leading shoe manufacturer.
2. Device Mark – Logo, Combination of Words and a Logo, Pictures or Drawings
Logos or a specific mode or design of a name is called Device mark. A device mark includes any label, sticker, monogram, logo or any geometrical figure other than word mark. For e.g.
3. Colour Mark
Trademark can be limited to a particular colour or combinations of colours. So it is allowed by the law to register one colour or combination of colour as a trademark for identifying the origin of the goods or services. For e.g.
4. Shapes of Goods
Shape Mark are capable of distinguishing the goods with its shape or packaging.
For example – Coco Cola Bottle, Apple iPhone,
5. Sound Mark
Sound Mark refers to specially composed sounds or musical notes and sound that is used to identify a particular goods or services. For e.g. Samsung ringtone
WHO CAN APPLY FOR TRADEMARK REGISTRATION
Any individual or organization can apply for trademark to protect their product or service. The application has to be filed mentioning the trademark, name and address of the applicant along with the agent and Power of Attorney.
Following entities in India are applicable to do a trademark registration:-
Joint owners
Partnership firm
Indian company
An individual or a person
Proprietorship firm
Limited Liability Partnership
Society or trust
WHO CAN BECOME TRADEMARK AGENT/ATTORNEY
A trademark agent or attorney is a qualified legal professional, who advises on all the legal aspects of Trademarks filing, registration, and opposition. To become a trademark agent, it’s mandatory to clear an examination conducted by the Trademarks Registry called the Trademark Agent Exam.
Apart from those who have cleared the Trademarks Agent Exam, the Act (read along with the Trademark Rules, 2002) also allows Advocates (enrolled under the Advocates Act) and Qualified Company Secretaries (member of the ICSI) to represent clients before the Indian Trademarks Registry for trademark registration, and related issues
How do I get a trademark agent code
To get the trademark agent code file form TM-G on Trademark website ipindia.gov.in with fees of Rs. 4500/- and such code shall be renewable for every five year.
Application in orm TM-A for Trademark Registration
- Trademark Search: A detailed check on the trademark logo and brand name selected to check that such trademark is not already registered under someone else name.
- Selection of Class: For registration, one need to apply it under right classification of classes. If anyone wants to serve good or service in more than one class then he/she should get trademark registered in all that classes.
DOCUMENTS REQUIREMENT
1. PAN CARD OF APPLICANT
2. AADHAR CARD OF APPLICANT
3. MOBILE NO.
4. E-MAIL ID
5. PASSPORT SIZE PHOTO
6. LOGO OF TRADEMARK (IF ANY)
7. INFORMATION WHETHER TRADEMARK IS PROPOSED TO BE USED OR ALREADY USED, IF ALREADY USED THEN PERIOD SINCE IT IS TO BE USED.
8. ANY BUSINESS REGISTRATION CERTIFICATE/ UDHYAM REGISTRATION CERTIFICATE (IN CASE OF COMPANY)
Application filling and Registration of Brand name:
- Once you filed the application online, and it get approved you will receive acknowledgement, and you are eligible to use Trademark™ symbol beside the brand name.
- Department after checking of all formalities , and if trademark is not resemble and similar to registered trademark.
- The registrar will publish the selected brand name in the Indian Trade Mark Journal, if there is no opposition is received within 4 months from the date of publication, then it proceed towards the Registration of Trademark and after getting registration certificate individual can use Trademark ®
VALIDITY OF REGISTERED TRADE MARK
A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark.
If Trademark is Rejected:
If anyway the Trademark application is rejected, the applicant can go for a hearing, where the officer can be convinced with the provided documents then the application will be passed
BASIS OF TRADEMARK OBJECTION
(1) The trade marks which indicates-
(a) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark (section 11 of Trade mark Act 1999).
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service; (Sec.9 of Trade mark Act 1999).
BENEFITS OF TRADEMARK REGISTRATION:-
- Exclusive Rights
- Builds trust and Goodwill
- Differentiates Product
- Recognition to product’s Quality
- Creation of Asset
- Use of ® symbol
- Protection against infringement
- Protection for 10 Years at low cost
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