A trademark is a distinctive symbol, word, phrase, or visible device that identifies a specific product and legally distinguishes it from others. It signifies the ownership of a brand by a particular company and helps differentiate its products in the market. Trademarks are a form of intellectual property and can be registered or unregistered.
Key Points:
- A trademark is a symbol, phrase, or word that identifies a product or service.
- It legally distinguishes a product from others and signifies the ownership of the brand by a company.
- Trademarks can be registered (denoted by ®) or unregistered (denoted by ™).
- While trademarks don’t expire, they must be used regularly to retain their legal protections.
Types of Trademarks:
- Trademark – for products.
- Service Mark – for services.
- Trade Dress – for unique packaging or design.
Rights of a Registered Trademark Holder: Although registering a trademark isn’t mandatory, it offers broader rights compared to an unregistered one. Here are some key rights:
- Right to Exclusive Use: The trademark holder has the exclusive right to use the registered trademark for the goods & services it covers. In cases where multiple owners hold the trademark, they share the right against unregistered users.
- Right to Legal Remedy for Infringement: A registered trademark owner can take legal action in case of infringement and seek remedies as per the law.
- Right to Assign Ownership: A registered trademark owner can transfer ownership and provide receipts for such assignments.
- Right to Modify Registration: The owner can request changes to the trademark registration, such as updating the name or address, and can also request the removal of certain goods or services from the registration.
Trademark Registration in India: Building a brand requires effort, and having someone else use your brand name can be frustrating. Many trademark owners fail to register their trademarks, leading to legal battles. Here’s how the registration process works:
- Trademark Search: Before registering, it’s important to conduct a trademark search. This helps you check whether similar trademarks exist and gives you a clearer idea of your trademark’s status and the likelihood of facing opposition.
- Filing the Trademark Application: Once you’re confident that your chosen trademark isn’t already in use, you can file an application with the Trademark Registry in India. Applications are primarily filed online, and a receipt is issued immediately for future reference.
- Examination: After filing, the application is examined by a trademark officer for any discrepancies. The officer may accept the trademark outright, conditionally, or object. If accepted unconditionally, it’s published in the Trademark Journal. If objections arise, the applicant is given a month to respond or meet the conditions.
- Publication: Once published, there’s a window of 3-4 months for others to oppose the trademark. If no opposition is raised, the application moves toward registration. If there is opposition, the Registrar conducts a hearing and makes a decision.
- Registration Certificate: After successful publication, the trademark is registered, and a certificate is issued under the seal of the Trademark Office.
Conclusion: A trademark in India is registered under the Trademark Act, 2016. The Act grants trademark holders the right to sue for damages and prevent infringement. To secure these legal protections, it’s advisable to register your trademark.
