Characteristics of Trademark – Trademark Registration in Coimbatore

Overview of Trademark

The economic market is fulfilled with new brands and products each day. To make your items/ services stand out, the Trademark registration in India may want to prove to be your most valuable advertising tool. If clubbed with the proper branding strategy it can in establishing your brand, so the general public will become aware of a certain high-quality and photo with goods and offerings bearing your trademark.

characteristics

Objective

It is located that with the extended use of a brand name, the goods start gaining recognition and popularity the various consumers, then again with the rise in competition the brand name becomes prone to opportunities of having copied or other human beings passing off their items as if they’re of the original emblem name proprietor. The trademark law is one such universal law that stops this and secures the rights of each the logo owner by stopping the dilution of the mark and secures the consumer from being deceived.

Therefore, the most critical characteristics of a trademark were found out to be identification, source, exceptional, protection and advertising.

Identification: Once registered, the trademark officially turns into diagnosed as the owner’s asset, and handiest via trademark registration one can advantage one of a kind rights to prevent all and sundry from using a equal or a similar mark/emblem for their brand. Many famous brands are known by using their trademark and alternate dress, it will become a general of recognition like Cadbury is identified thru its red packaging, Colgate is directly related to toothpaste, regardless of what logo it may be. It has now become a synonym of toothpaste. Likewise, in many such manufacturers the trademark is through which the brand is known from.

Source and Quality: Registered trademark gives the client the surety of the goods supply and conformity of its high-quality. People generally associate exceptional with logo, as soon as the brand will become famous among the consumers the demand is bound to be increased. All the designers and huge brands intrinsically make money handiest due to the logo name attached to it. A saree stops being a simple saree once the name Sabyasachi is associated to it. The clothier can fee whatever he wishes claiming the satisfactory trendy, and those would purchase and pay exorbitant amount of cash just due to the fact the outfit has the trademark of Sabyasachi on it.

Security: A trademark proper isn’t a relative proper or declare right towards a person but is an extraordinary proper effective towards the public. Once the trademark is registered it is applicable to absolutely everyone who falls below the jurisdiction where the trademark is registered. It gives the unhindered right to the trademark proprietor to apply his rights and abstain any other individual from unauthorized use of his trademark or from capitalizing from the logos goodwill. The registered trademark owner has the right to sue someone who infringes this sort of rights and declare for damages incurred.

Advertising: Social media is one in every of the maximum rapidly growing and green mode of advertising. With the boom inside the e-commerce commercial enterprise the significance of online trademark registration in India has increased. As the marketplace is now not restrained to being nearby or national, the safety of the brand name is of prime concern. Globalization has a dual effect on the service or product that is made to be had to the public, in a way it maximizes the enterprise and the profit technology from it, however it also increases the opportunities of trademark infringement and dilution of the brand name because of unauthorized use. Thus, making trademark registration is an inevitable want for all of the brands and companies.

As trademark registration is so important, it’s also vital to recognize what names/ words are allowed to be protected underneath the trademark law as it limit the scope of protection. There are some precise words/ names that are not allowed to be registered as a Trademark, subsequently making it cardinal to test upon these before finalizing the brand name.

Grounds of Refusal

characteristics

According to the trademark law in India, an indicator can be registered handiest if it satisfies sure characteristics. The registrar can refuse a trademark from being registered in certain conditions.

Section 9 – Absolute Grounds of Refusal and Section 11 – Relative Grounds of Refusal of the Trademarks Act, 1999 lay down the situations whilst a trademark cannot be registered.

The Absolute Grounds of Refusal Are:

1. The mark lacks distinctiveness: Proper names/surnames, laudatory words, invented or arbitrary words.

2. The mark is descriptive of the traits of the goods or services

3. The mark consists completely of marks or indications which have become customary in the established characteristics of the trade: ISI Mark, UN.

4. It is probably to mislead public or cause confusion: Apple air conditioners.

5. It incorporates or contains scandalous matter

6. Words whose use is prohibited below Trademarks Act, 1999: Ashok chakra, Indian flag.

Relative Grounds of Refusal:

1. If there’s a probability of bewilderment between present mark and the trademark implemented for.

2. Identical or comparable trademarks cannot be registered despite the fact that the magnificence is different, especially in the case of well-known trademarks.

3. Likely to motive deception or dilution of an existing mark.

These are the reasons why previous search of trademark names is of first rate significance and a suggested practice. It saves the time and money of the applicant and the registry. Once registered, the trademark is legitimate for 10 years, after which to secure the trademark registration a renewal application is to be filed on the end of every 10 years.

Conclusion

Trademark Registration in India enables in propelling a business undertaking or a corporation in many ways, it gives an exclusive proper to the manufacturer to stable its brand and exclude all others from doing so. In addition to that, in case an infringement happens the proper is statutorily protected. The premise of trademark safety is that no guy is entitled to promote another’s mark/ brand name underneath the guise that it belongs to him the aim is to guard the owner and the customer in case of any deceit or confusion.

We “Solubilis Corporate Services” are the registered Trademark Attorney, Patent attorney, and Company Secretary in Chennai, Coimbatore, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. We have the team of well-experienced participants to do your Trademark registration in Coimbatore, Chennai, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. For extra details, kindly undergo our website and make contact with us. Our experts are just one call far away from you. Thanks for reading!!!

What is Trademark and Its Basics – Trademark Registration in Coimbatore

What is a Trademark?

A Trademark usually refers to a “brand” or “logo” of a company.

Trademark registration also can be received for a commercial company name, specific phrases, taglines or captions.

trademark

Properly used and promoted, a Trademark may turn out to be the most valuable asset of a business. Trademarks which includes Coca Cola, HP, Canon, Nike and Adidas function an indication of starting place of the products as well as a demonstration of quality.

It is also important to obtain trademark registration for the enterprise name/change name underneath the Trademarks Act. Registration of a company or business name below the Companies Act does now not in itself give protection towards others who might start using equal or similar marks.

Use of TM, SM and ® symbols

‘TM’ refers to Trademark and ‘SM’ refers to Service mark. The use of TM and SM symbols notifies the general public that the company is claiming exceptional ownership of the trademark and can generally be used by one that has filed a trademark application.

The ® symbol, may be used only as soon as the trademark is registered and the registration certificate is issued. Also, you can use the registration symbol only in connection with the products and/or offerings in appreciate of which the trademark is registered.

The registration process is the equal for both logos and service marks.

Trademark Services

Solubilis Corporate Services offers a comprehensive variety of trademark services which include:

Trademark Search

Opinion on registrability of trademark

Filing and prosecuting trademark applications

Responding to office actions

Handling trademark competition proceedings

Dispute resolution and litigation

Advice on validity of registrations

Advice on infringement and passing off

Issuing prison notice (stop and desist letters)

Publishing warning notice

Trademark watch and monitoring services

Renewal of trademarks

Trademark due diligence

Drafting license agreements, franchisee agreements and task deeds

Trademark Search

Before adopting a trademark, an indicator seek is fantastically recommended, as this may supply an illustration of any current logos which have been carried out for/or registered within the Trademarks Registry.

trademark

Solubilis provides trademark search in India, assisting customers inside the selection of brand names and ascertaining whether any equal or similar logos are already current inside the information of the Trademark Registry.

The fee of engaging in an indicator search is quite insignificant in assessment to the efforts and expenses worried in rebranding because of infringement of others rights.

Therefore, a trademark availability search is especially really useful before big quantities of money and time are invested in a hallmark and the steering of an skilled trademark attorney are extremely worthwhile.

In order to behavior a trademark seek, kindly provide us with the following simple information:

i) Trademark to be searched

ii) Goods/Services in respect of which the trademark is to be searched accordingly.

The trademark search regarding results are reported within 1 or 2 working days.

Classes of products and offerings

Before filing a trademark application, it’s far important to identify the instructions in which you wish to seek safety in your trademark.

An application have to be made inside the applicable classes of modern items/offerings as well as in lessons where there’s cause to use. All goods and services are divided into forty five instructions.

The 9th version of the NICE global classification system is observed in India.

Selecting a good trademark

A trademark need to be selected carefully. If you are launching a product and adopting a brand new trademark, please undergo in thoughts that the scope of legal safety you’ll reap depends on the kind of trademark selected.

The most common mistake is to pick out a word that is descriptive of the goods or offerings. People do this within the notion that the consumer will know without delay what the product is or the carrier rendered. The same end result can effortlessly be obtained with the aid of combining a extraordinary and fanciful trademark with a word which indicates the goods or services.

Descriptive logos are tough to check in and enforce. Although it can be less difficult to market such products at inception, such logos are presented the least amount of protection and therefore, in the lengthy term, it would be tough to prevent your competition from the use of the same or similar logos.

A higher method could be to adopt a coined word, which has no reference to the goods/offerings upon which it’s miles used.

Another choice is to undertake an arbitrary word, which has no relevance to the goods/services upon which it’s miles used.

The extra one-of-a-kind a trademark is, the broader might be the to be had scope of protection.

Requirements for submitting a trademark application

trademark

1. The name, address and nationality of the applicant who wants to register. If the applicant is a partnership firm, the names of all the partners and above details also. Also mention whether any minor is a partner.

2. If the applicant is a company, mention the country and state of incorporation.

3. A listing of goods and/or offerings for which trademark registration is required.

4. Soft copy and hard copy of the trademarks which is to be registered.

5. If the mark carries or consists of non-English words, a translation of those words into English is required.

6. If the utility is to say priority from an earlier filed convention utility, information of that utility is also required (application variety, filing date, us of a and goods/services). A licensed precedence record or its duly notarized reproduction is to be submitted. If the certificates isn’t in English, a certified/notarized English translation is likewise required. If it isn’t always without problems available, the software can be filed based on the primary application range, date of the utility and reason of the utility. A copy of the priority document may be submitted inside 1 month from the filing date of the application.

7. Date of first use of the trademarks in India, if in any respect used

8. Power of attorney definitely signed by using the applicant (no legalization or notarization is required). For Indian clients, power of legal professional to be completed in Rs. 100  Stamp paper and signed by means of the applicant. The strength of trademark attorney isn’t required at the time of lodging the utility and can be submitted later with no extra cost.

Trademark Registration Process

Upon filing of the application, the registry will difficulty us with an reliable receipt with the submitting date and wide variety allotted to the utility. The software is then formally tested by way of the Indian Trade Marks Office, as to its inherent registrability and/or any similarity with existing marks. If an objection to registration is raised, an reliable examination document will difficulty. To overcome the objection, it’s miles necessary to document a written response or offering evidence of obtained forte and in most cases, an interview/listening to with the examiner is posted. The Registrar may additionally require the applicant to report an affidavit testifying to such person with famous displaying the mark as used.

If, following examination, the alternate trademarks application is taken into consideration allowable, a Letter of Acceptance (TLA order) will issue, and then the trademark may be published inside the Trade Marks Journal. If there are no oppositions within four months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will difficulty.

Trademark Registration is a tedious system and it takes around 18-24 months to acquire registration in a straight-ahead case, without any objections or oppositions. However, as soon as the trademark application is filed, an application variety is allocated without delay and the priority starts evolved from the date of utility.

Once the trademark is registered, it’s far legitimate for a length of 10 years from the date of utility. The registration can then be renewed indefinitely so long as the renewal costs are paid every 10 years.

Salient features

1. Multi class packages are allowed in India. However, statutory submitting charges will be relevant for each class.

2. Classification of products and services is in keeping with NICE classification (45 classes).

3. Prior use of the trademarks isn’t always obligatory for filing. Therefore, applications may be filed on a ‘proposed to be used’ basis.

4. Power of attorney is required (if filed through an agent/legal professional)

5. Applications are tested as to registrability and availability based on existence of previous filed programs. Once accepted, it’s far published within the Trademarks Journal and an opposition can be filed by a third party within three months (extendable by way of one month). If no competition is filed, the registration certificate is issued thereafter.

6. A trademark may be situation to elimination at the grounds of non-use, if it isn’t used for a continuous duration of 5 years.

7. The trademark registration is legitimate for 10 years from the date of software and can be finally renewed each 10 years with the aid of fee of renewal fees.

8. Priority can be claimed provided the application is filed inside 6 months from the date of the filing in the convention.

We “Solubilis Corporate Services” are the registered Trademark Attorney, Patent attorney, and Company Secretary in Chennai, Coimbatore, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. We have the team of well-experienced members to do your Trademark registration in CoimbatoreChennai, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. For more details, kindly go through our website and contact us. Our experts are just one call away from you. Thanks for reading!!!