is becoming very essential for business entities around the world as more and more firms are coming up each day in a market with fierce competition. But what is Trademark Registration exactly and why is it so necessary?
A Trademark is basically a unique mark that is used by an individual, a business organization or a legal firm that establishes its entity and distinguishes it uniquely from others. It is acquired through a legal registration process and is a part of Intellectual Property Rights and is important tool of identification for prospective customers. It can be in various forms like :
- Words : Band - Aid, Vaseline, Aspirin, Dolby
- Names : Dacron, Dumpster, Formica, Frisbee, Ping-Pong, Post-it, Styrofoam, Teflon
- Logos and devices : Symbols for McDonalds, Nike, Apple, WWF, Google
- Combination of colors, shapes
Many words, which were originally registered as Trademarks, have now become an essential part of our vocabulary because of their immense popularity. This signifies how a Trademark can get diluted over time. In addition, a Trademark is also limited to National boundaries which constrict its use. Trademark Registration
can be done in conventional & non-conventional forms and gives an entity the right to initiate legal proceedings against any person/firm for infringement and unauthorized use.
Types of Trademarks Commonly Seen:
Trademark Registration : The Process
- ™ A symbol of unregistered trademark
- ® A symbol of registered trademark
- SM A symbol of service - mark
- Other non-conventional Trademarks
- Rights can be acquired by two methods
- Through adopting the trademark and using it
- By applying to the Trademarks Registrar and paying a requisite fee
- Examination of the application resulting in approval or rejection
- Acceptance prior to Advertisement
- Publication of Trademark in TM Journal
- Issuance of Registration Certificate
The registration is done initially for a period of ten years after which, it has to be renewed after a gap of ten years.
A Trademark must make the goods or services of the proprietor / individual distinct from others and should not be similar in any way to existing / pending Trademarks
Trademark Act of the US code is famous as the Lanham Act and it contains all the statutes of Trademark Laws prohibiting infringement & dilution of Trademarks across USA as well as illegal advertising.