COMPANY
FREQUENTLY ASKED QUESTIONS (FAQs)
Under modern business condition a trademark performs four functions:
a) It identified the goods or services and its origin
b) It guarantees its unchanged quality
c) It advertises the goods/ services
d) It creates an image for the goods/services
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the good/services, name and address of applicant and agent with the power of attorney, the period of use of the mark. The application should be in English. It should be filed at the appropriate office.
a) Any name which is not unusual for trade to adopt as a mark.
b) An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
c) Letters or numerals or any combination thereof.
d) The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
e) Devices including fancy devices or symbols
f) Monograms
g) Combination of colors or even a single color in combination with a word or device
h) Shape of goods or their packaging
i) Marks constituting a 3-dimensional sign
j) Sound marks when represented in conventional notation or described in words by being graphically represented.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
The USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services. There are many goods or services that fall into each class, and they're not always obvious from the class name.
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
TM is used to indicate that the trademark is unregistered but this mark is used to promote goods. TM can be used even for trademarks for which registration is not applied to claim use over it.
R is used to represent a registered trademark/ servicemark that provides the applicant complete ownership and legal rights over the trademark/ servicemark.
The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark.