1. What is a trade mark? How it is useful for a business?
Ans: A trade mark is a sign that can be used to distinguish goods or services of one person or entity from those of others. A trade mark can be represented graphically in the form of a word, logo or signature.
By registering the trade mark, the Proprietor can protect his brand by restricting others from using its name or logo.
2. Why should one go for registration of a trade mark?
Ans: Registration of a trademark protects the brand name and logo of the proprietor.
Registration of a trademark provides exclusive right and ownership to the proprietor.
Registration of a trademark helps to identify the source of origin of the goods/ services.
Registration of a trademark gives a right to the proprietor to restrain infringers.
Registered trade mark adds value to a business in the form of ‘goodwill’ that can increase substantially over time.
The proprietor of a registered trade mark gets a right to licence or assign the trademark
3. What are the various requirements to be take care of in trademark filing and search?
Ans: The proprietor must adopt a trade mark which is not a generic or descriptive name. It is always better to adopt a fanciful name (which does not have any dictionary meaning) to get a stronger protection.
The proprietor must shortlist all the potential classes to cover the goods and services associated witha particular brand name to get a wider protection.
The proprietor of a trademark must conduct a due diligence search before adoption of the trademark. The due diligence search must be conducted in thetrademark database available on the ip india website as well as in a common law database such as google. The proprietor must use all possible keywords which could be closely similar to the original name to analyse whether adoption of such name would create any confusion in the market.
It is advisable to file the trademark with the proper description as per the trademark classification prescribed in schedule IV of Trade Mark Rules, 2002. However, it is always better to make the description as wide as possible to get a wider protection. Filing a trademark with the wrong description may give rise to the refusal of the trademark, or may invite official objection. While filing the trade mark, the proprietor must provide all details such as: name and address of the applicant, clear representation of the mark, trade description, and most importantly, the exact date of first use of the trade mark in commerce.
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