Registration of TradeMark
Registration of TradeMark
Registration of TradeMark
SUBMITTED TO:
MRS.PARVEEN MAM
SUBMITTEDBY:
RAHIL VERMA
10TH SEMESTER
ACKNOWKEDGEMENT
DECALARATION
diploma.
(SIGNATURE)
Rahil Verma
Table of Index
Duration of Trademark 11
Restoration of trademark 11
Conclusion 13
Webliography 13
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INTRODUCTION:-1
The development of law of trademarks can be traced back to the onset of the
industrial revolution which enabled large scale production and distribution of
goods. With the emergence of competitive market economy, manufacturers
began to identify their products by certain symbols, marks, or devices so as to
distinguish their goods from similar goods manufactured and marketed by
others. In addition, manufacturers also started advertising their goods by using
their trade marks on them. This led to trade mark acquiring goodwill and
reputation among consumers of goods. Realizing the economic worth of the
trade marks, the competitors had a temptation to copy well known trademarks
or adopt deceptively similar trademarks so as to reap profits by trading on the
reputation of another trade mark. The necessity for protecting the goodwill and
reputation of a trademark was, therefore felt in all the nations which led to the
adoption of trademark law everywhere. At international level, the first
multilateral convention i.e. Paris Convention for the Protection of Industrial
Property was adopted in 1883.
A trademark is any mark, logo, name, symbol, letter, figure, word, used by any
individual or the company in order to uniquely identify its goods or services
from those manufactured or sold by others. Hence, the customers must be
capable of distinguishing one’s goods or services from others. Trademark
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A Legal Protection
In case you doubt that your trademark is being copied by anyone else, you can
take up the issue legally and sue them if you have registered your logo, brand
name or slogan.
Customers will identify a particular product or service only with the brand.
Registering a trademark ensures that competitors will not use it and hence it
remains as a company’s unique asset.
An Asset
The trademark can be a valuable asset in case your brand creates a name and
succeeds. It can be commercially contracted, sold and franchised.
A trademark which is registered and filed in India can also be filed in other
countries outside India. Likewise, foreigners can also get a trademark registered
in India.
Enable traders to identify with clarity what other traders have applied for
registration as trademark and for what product;
Enable public to determine with precision the sign which forms the
subject of trademark registration
To apply for a trademark a person must adhere to the provisions enlisted under
Section 18 of the Act. The section requires any person applying for a trademark
to apply in writing in the manner that is prescribed for the registration. The
application has to contain the name of the mark, goods and services, the class
under which goods and services fall, the period of the use of the mark and the
personal details of the applicant such as name and address.
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If you are filing the trademark registration online application, the following can
be the brand status.
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TM
You can add TM with your logo when the Application is pending for approval.
TM mark is only for Products.
SM
You can add SM with your logo when the Application is pending for approval.
SM mark is only for Services.
You can add R with your logo when your TM application has been approved by
the Registrar of the Trademark Registry.
Generic Mark
Descriptive Mark
Suggestive Mark
A suggestive mark tells about the goods or services. A mark in this category
qualifies for protection without requiring a secondary meaning.
Fanciful Mark
A fanciful mark is a term, name, or logo that is different from anything else that
exists. This category is the easiest for obtaining trademark protection because it
typically doesn't compete with anything else or become too generic.
6
; https://cleartax.in/s/trademark-act-1999
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7
https://www.lawsenate.com/
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https://vakilsearch.com/
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DURATION OF TRADEMARK:-9
RESTORATION OF REGISTRATION:-
According to section 25(4), where a trade mark has been removed from the
register for non- payment of the prescribed fee, the Registrar shall on receipt of
an application and on payment of the prescribed fee between 6 months to 1 year
from the expiration of the last registration of the trade mark, if satisfied that it is
just so to do, restore the trade mark to the register and renew the registration of
the trade mark for a period of 10 years either generally or subject to such
conditions or limitations as he thinks fit to impose. The Registrar may remove
the trademark from the register if at the expiration of the prescribed time; those
conditions have not been duly complied with. The Registrar shall advertise the
fact forthwith in the Journal.
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The provision further envisages that where the goods are of different description
refusal will not be justified but registration may be refused if the mark is likely
to be deceptive or cause confusion.
CONCLUSION
Controller General’s office not only looks after the registration of Trademark,
but also review the application for renewal of trademark, scrutinizes the
opposition filed by any third party against the trademark published in the
journal and settle down the dispute related to the trademark registration if there
is any . Thus the office of Controller General is the most important office
dealing with all this issues related to not only Trademark but every other branch
of Intellectual Property.
WEBLIOGRAPGHY
1) https://www.inta.org
2) https://taxguru.in
3) https://www.vakilno1.com
4) https://www.lawsenate.com
5) https://vakilsearch.com
6) https://cleartax.in
7) https://sg.inflibnet.ac.in