d5nxst8fruw4z
  • +91-8882-580-580
  • support@registrationwala.com
02
Dec
17
Kinds of Trademark Filing Forms

While making an application for registration of trademark and in the process of obtaining the trademark registration the applicant is required to file number of Trademark Forms as specified in Trademark Act 1999.

 A trademark is a unique and recognizable symbol, design or expression that uniquely identifies the source of a product distinguishes it from the other products. It is very important to obtain the registration of the trademark or the service mark as it helps to protect the mark, symbol, slogan, design etc from being exploited by the competitors. As soon an application for trademark registration is filed TM symbol can be attached to it and once it gets registered then the owner can affix the symbol of R along with the trademark. These symbols provide a great value and protection to the brand. 

The applicant is required to make trademark application on the proper trademark application form to avoid objection by an Examiner. Based on the nature of trademark filing following forms shall be filed-

It is very crucial to file a proper trademark form in every specific case so as to prevent the examiner from raising an objection to it. Thus, an application shall be filed in the appropriate form and with the specified amount of fees.

 

09
Sep
17
Non-Conventional Trademarks in India

Conventionally trademark means a mark which is capable of being represented graphically and which is capable of differentiating the goods and services of one person from those of others. Trademark is any word, logo, symbol, phrase or design adopted and placed on a product that is offered for sale or on a container that is to identify its source.

The concept of Non-Conventional trademarks is becoming more and more popular over the years. Non -conventional trademark is a distinct type of trademark that does not belong to the conventional class of trademarks. Just as conventional trademarks these trademarks also uniquely identify the commercial origin of products or services. However getting these trademarks registered is often difficult as compared to traditional marks.

Further, Non-conventional trademarks may be visible signs Like colors, shapes, moving images, holograms, positions etc or non-visible signs like sounds, scents, tastes, textures etc.

Examples of Registration of Non-conventional trademarks

Color

Trademark registration of color has always been a topic of dispute. As the trademark act does not specifically provide for the registration of the single color however it does not expressly exclude the notion.

In India for the purpose of trademark registration of any color theory of "Color Depletion" is followed. This theory is based on two facts - Firstly there is a concern that with the limited number of colors, to grant exclusive rights to colors would sooner or later deplete the available stock and, thus, be anti-competitive. Secondly, if a color alone was protectable, trademark infringement suits would lead to lengthy litigations over 'shades' of color which would slow down the trademark registration process. However, the theory only bars the registration of the seven basic colors but not any shade thereof. Thus it is possible to obtain a registration for the combination of colors.

Sound

The purpose of the sound trademark registration is to uniquely identify the commercial origin of products/ services by means of an audio clip. The musical notes that can be represented in the form of musical notations are acceptable whereas the sounds which require onomatopoeic or sonogram representation are not eligible for trademark registration.

Smell

Trademark registration of the smell is not a very popular concept in India. Due to the absence of graphical representation the number of smell registrations is very less as compared to sound registrations and color registration.  Generally the representation of the smell is verbal and the verbal representation of the smell is not sufficient to distinguish one smell from the other. Further, the representation of smell can also be made through chemical formulae.  However this concept is challenged on the grounds that a chemical formula does not represent the smell of the chemical itself and that few people would be able to get a sense of the smell based on its chemical formula.

18
Aug
17
Restoration of the Expired Trademark

A Trademark is a “brand” or “logo” associated with the product. A properly used and promoted trademark helps the product to establish a brand image in the minds of the people.

It is very crucial to obtain trademark registration as it gives protection to the business entity against the other companies who might commence their activities using identical or similar marks. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

The trademark once issued is valid for the time period of 10 years and after the completion of 10 years, the trademark issued get expired thus the trademark owner is required to get it renewed.

Following steps shall be taken to renew the trademark when it gets expired-

  1. Initially, the owner of the trademark is required to file TM-10 within 6months from the expiration and pay a specified amount of charges for renewal of the trademark.
  2. As soon the application made is accepted, the owner of the trademark is required to advertise the trademark in the trademark journal in order to inform the concerned about its restoration and invite objections from the people.
  3. In case there are no objections received within the specific timeframe, then the trademark is re-registered and enclosed within the trademark information. The trademark reregistered will again be valid just for the tenure of ten years.

Procedure for Trademark Renewal of Associate in Nursing terminated Trademark in India:

  1. In case the owner of the trademark does not make any application regarding the renewal of the trademark, minimum 1 month and maximum 3 months before the expiration of the last registration of the trademark, the Registrar himself could inform the businessman or his agent about the approaching expiration of the mark.
  2. In case the trademark owner or his agent fails to pay the prescribed trademark renewal fee before the expiration of the last registration of the trademark, then the Registrar is empowered to take away the mark from the register and advertise it within the official journal. However, the Registrar cannot take remove the mark from the register, if Associate in a Nursing application is filed by the trademark owner for payment of the renewal fee within six months of the expiration of the last registration of the trademark.
  3. In case no application regarding the renewal of trademark is filed within six months of the expiration of the last registration of the trademark, then the trademark expires.
  4. An application for the renewal of the trademark shall be filed within one year from the expiration of the last registration of the trademark. Further, the Registrar will consider the request for restoration of the terminated trademark scrutinizes the interest of differently affected persons.
  5. In case the terminated trademark is restored by the trademark owner, a notice will be sent by the Registrar to businessman concerning such restoration and therefore the same will be publicized within the Official Journal.
  6. Through the advertisement published in the journal regarding the restoration of the trademark, the Registrar invites the objection against restoration. In case no such objection is detected then the trademark is rehabilitated within the register for successive ten years.
  7. If any objection is raised, then the Registrar conducts the hearing and after hearing each the parties it passes a call on whether or not to revive the trademark or not.
  8. If someone else applies for registration of the terminated trademark, then the businessman needs to file Associate in nursing objection against the third party who has applied for registration of the terminated trademark.

Getting the trademark renewed helps the businessman to protect itself from duplicity and help them to maintain the exclusivity of their brand.

11
May
17
Why Trademark is Important for Your Business?

Trademark is a form of intellectual property. Trademark reserves the right to the owner and protect all of its ideas and inventions. It is like a standard signature which shows the first impression in the market. Trademark registration in India is a good option for all the company to register its trademark.

Trademark can be logo, symbol, or word which let you stand differently in the market. It is another way of referring to brands. Consumers first identify the trademark for their purchase. Trademark creates first reputation of any brand for Business growth. Following are reasons why is trademark important for your Business   

Trademarks is an effective tool of communication- By looking at the trademark audience identifies the emotional attributes of any company. Trademark reveals the message of the Business Brand. It creates intuition about product and services of the company. Trademark or design do not need exactly related to the type of product or service. It can be in any language English, Chinese, Spanish, Russian, Arabic or Hindi.

In crowded market place it’s hard to distinguish your business from your competitors. It is an efficient commercial communication tool to capture customer attention and make your business, products and services stand out. People should be able identify particular brand’s service by looking at the trademark. On social media trademark creates particular image of the brand.

Trademarks are the valuable asset which can be appreciated in value over time. It is mainly  for Business growth. It provide value to the core business. Trademarks can lead the way for expansion from one industry to another industry for eg. from personal care to clothing or eye ware. Trademark can lead to the acquisition of your business by a larger corporation. It can be used as a property asset, similar to real estate, that can be bought, sold, licensed (like renting or leasing) or used as a security interest to secure a loan to grow your business.  

Trademarks make things easier-Trademark is an asset which makes hiring easier. It helps to inspire positive feelings in people’s minds. Due to this, employment opportunities are more attractive to candidates. Collecting certain facts Employee can have better retention and better feelings for the brand and the products and services offered.

Provide uniqueness to a brand -Trademark is a unique asset used for particular brand product or service. Trademark is particular logo that should catchy in each aspect of visually as well as audible or would you rather go for a logo that is hard to remember or understand and doesn't describe your brand.  Choice would be simple and everyone would go for the former option.

Trademark keeps the brand from crowd- It’s uniqueness keeps the logo catchy to the audience. It is basically it has everything mentioned above, then it gives your brand an edge over anyone else. Depending upon the logo, anyone can tell which brand does a product belongs .

Trademark protects your product name- Company having registered can use it publically to show ownership over your product. Registered trademark provides the right to use it on all the products registered under your ownership and it also proves that the product belongs to you and you have all the rights to sell, modify or use that product however you want.

08
May
17
Importance of Copyright over Trademark

We often confuse between copyright & trademark yet they have a few purposes of contrast which should be clarified before further registration. We need appropriate information about what the most ideal ways we can secure our ideas are. Knowing there are heaps of potential outcomes of your ideas being stolen by others in the market when you have something new and crisp that can undoubtedly make your business achieve the main, an appropriate comprehension of these terms appear to be fundamental. To start with the fundamental actuality must be clear in your mind that a copyright and a trademark secure are very unique.

What is a Trademark?

Trademark offers identity to a brand; it is a recognizable sign, word, outline or an expression which is utilized to distinguish the products or administrations of a dealer from those of others. A trademark helps in securing the brand name from being utilized or abused by the contenders; it also helps prevent confusion and manipulation of consumers, who come to associate with quality and attributes of a distinct brand in particular. A trademark is mostly located on the label, a voucher, or on the product itself.

What is a Copyright?

'A copyright can mean a law that gives you property rights for things you have made, be it a work of art, a photograph, a poem or a novel. The copyright law awards you possession with a various rights like:

  • The right to reproduce the work
  • The right to distribute copies
  • Right to display the work publically anywhere
  • And the right to prepare a derivative work

Advantages of Copyright over Trademark

  1. A copyright is automatic whereas a trademark has to be registered in order to get real protection.
  2. A copyright holder can keep or prevent others from utilizing his/her work while the trademark holder can't or may not keep others from utilizing the check publically.
  3. A Trademark is protected by both federal and state laws whereas in case of copyright, the laws are federal
  4. Copyrights can protect your work for the term of your life in addition to an additional 70 years. In the event of trademark, it is restricted to 10 years and has to be renewed after every 10 years
  5. Online infringement of copyright can be immediately taken care of under the Digital Millennium Copyright Act, however, this is not the situation with trademarks since it has a long legal process, both government, and state.

There are similarities between the two that have a tendency to confuse individuals:-

  • Both Trademark and Copyright gives the rights to the owner to prevent others from using their work
  • Both are protected with complex laws
  • They can exist all the while in some mark or design, even in shapes, colours or sizes.

Conclusion

Individuals totally makes trick of themselves by blending the two and may even wind up losing the market they as of now have. One ought to know how he can ensure protect his assets or respond to someone for claiming infringement. Another reason is that one who has the information can easily take advantage of those who don’t. Utilizing the distinction can help one in taking great business choices regarding product launches or for social media strategy.

Blog calendar

« December 2017 »
Mon Tue Wed Thu Fri Sat Sun
        1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

Registrationwala
Registrationwala.com is leading company registration consultant in India having strong client base of 10000+.

Member Of

CII

Delhi-NCR

Contact Address

   Monetic Corp Consultants Private Limited
    169, THIRD FLOOR, KAPIL VIHAR
   PITAMPURA, DELHI-110034
  +91-8882-580-580
    This email address is being protected from spambots. You need JavaScript enabled to view it.

Payment Method

Registrationwala

Follow Us

Registrationwala support@registrationwala.com