Trademarks are that ‘x’ factor which enhance the creation and promotion of any brand. They are intellectual properties comprising of a creative and recognisable sign, design, or expression which identifies products or services of a particular source from others.
The need to protect a brand legally and commercially, to guarantee that the new creation is not a twin to anything already in the market from a legal standpoint, is fundamental for a brand’s uniqueness, development and achievements in the long run. In essence, a trademark prevents goods or services offered by an organisation from infringement or damage to reputation by any another company. A trademark is a unique word, symbol, letter, name or logo used to recognise one’s goods from another’s. Prior to registration, a trademark search is conducted to identify any other organisation which possesses a similar trademark or registered name, which can confuse the public.
Often confused as being similar, a service trademark is similar to a general trademark, though it protects the services offered by a company instead of its goods.
generic mark that involves something used by people on a daily basis cannot be registered as a trademark, and therefore can’t be protected.
If a company does not register its mark as a trademark, it is probable that a third party could register a similar mark. A possible litigation can ensue between the two companies involving the use of the mark in the future too.
How can one register a trademark?
The main steps to register a trademark in India includes the phases of filing, examination, publication, restriction, and publication after grant and renewal. After the trademark application is recorded, it is inspected by the registrar as per the arrangements of the Trademark Act. After the best possible examination, the application is published in the Trademarks Journal.
Following the publication, any individual can oppose it by documenting a notice of restriction with the registry. The application then continues to the publication recording either as a “no notice of restriction” against the trademark or an opposition filed and ruled in the favour of the applicant. The imprint is enlisted for a period of 10 years from the date of documenting.
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