The brand name and Trademark play a significant role in identifying the entity source. As the awareness about the IPR increased, entities are very aggressive in protecting their trademark within India as well globally. In recent times the quest for the protection of the trademark, logos, brand names, products, etc has been given significant importance in business entities as well as by individuals with a clear vision and leaving no way so that their goods or services could be copied. In India, the trademark laws come under section 2(1) (ZB) of the Trademark Act, 1999. Get your trademark registered easily now at your Coimbatore or Tirupur.
Types of Trademarks:
Now the trademark registration is done online at Trade & Trade Coimbatore and Tirupur branches. Following are the categories the Trademark is divided into.
- Word Marks: Words, numerals, or letters come under word marks. For example Apple, AJIO.
- Device Marks: These marks protect the exclusive way a letter, word, or numerical is represented. For example, eBay and Amazon wrote.
- Figurative marks/logos: Figure or logo representing the brand. The MC Donalds or SWOOSH brand sign or Nike representation.
- Service Marks: These refer to the service provided by the business entity where not the goods. Let’s consider the example Emirates airways slogan ‘Fly the Friendly Skies, This Time For Real, this flying is the service provided by Emirates airways are flights all around the world as a package its logo, and tagline are related to the service mark.
- Collective Marks: Marks that are being used by company groups. For example CA for Institute of Chartered Accountants and the mark CPA.
- Certification Marks: These marks are used to define certation standards and to give assurance to the end-consumer that their products and services meet certain specified standards Eg: FSSAI and ISO marks are most commonly used.
- Well-Known Marks: When a brand, logo, product, or service-related mark has reached a wide range of consumers or popularly know to a large group of people then the particular brand reaches the status of a well-known mark.
- Unconventional Trademarks: These trademarks are related to giving recognition for the distinctive feature inherent.
- Color Trademark: Cadbury Chocolate’s purple color trademark.
- Shape Marks: Shape marks are referred to as 3D marks, for example, Cola bottle shape.
- Sound Mark: Soundtrack registration is known as the sound mark. Eg: the Hemglass Ice Van jingle
- Smell Marks: Registration of certain unique smells and the company Gradient is one to register their bubble gum-scented jelly sandals in June 2015.
Functions of Trademark:
- Fraudulent use of the mark can be prevented.
- It provided an exclusive right to the owner to identify the rendered services or goods produced by them.
- The company’s intellect and skills are protected.
- The common law principle of passing off can protect the unregistered trademark.
- When a third party unauthorized use the registered trademark the owner can go for legal proceedings against the infringing party.
- The unfair competitor’s usage is preventing similar marks.
The Trademark Act 1999 and the Trademark Rules of 2017 Act are primarily governed by the current trademark act in India. The Act and Rules have the following procedural aspects:
- Trademark Filing
- Examination
- Publication
- Opposition.
- Registration
- Renewal
- Rectification.
- Removal of Trademark.
For the successful completion of the trademark registration process, several stages are there and each stage required fulfillment of documentation and procedural requirements.
Madrid Protocal In Indial.
The year 2013 Indian Government acceded to the Madrid System of Trademark Registration which allows trademark registration in multiple jurisdictions as well as the rules and guidelines for the registration of brands Internationally under the Madrid System.
This article would have given a clear glimpse of the trademark-related laws and acts, the latest acts in India, and the importance of brand registration. For the best trademark registration process, both locally and internationally contact Trade & Trade in Tirupur and Coimbatore, providing the best solution legally regarding the trademark.