Trademarks 101 – Basics that you should know.
A trademark is a sign, symbol or word that is used to identify a business with the products or services it offers. Colloquially known as a brand or logo, it helps a business build its bond with consumers and allows the consumers to recognise the origin of the products or services. For instance, the brand HP reminds one of computers, the inimitable Apple logo makes one think of iPods or iPhones. Closer home, brands that are immediately recognisable include TATA, Dabur, Reliance, etc.
So how does one build a brand?
Building a brand is a journey. This journey primarily involves creating a sign or symbol for the business and reiterating the sign or symbol in respect of such business through marketing or actual sales. There comes a time in this journey when the sign or symbol becomes well-etched in the minds of the people (not just the consumers of the business) and comes to be recognised easily. Recognition therefore is the beginning of the journey and from here on it is for the business to strive to build and retain its trust among the people.
How is a trademark protected in India?
Trademarks are generally territorially protected which means that, in India, trademarks are protected by the Indian law called Trademarks Act, 1999 (the Act) and its Rules. While a trademark need not necessarily be registered, the Act and its Rules provide certain rights in respect of trademarks that are specifically registered. For instance, exclusive use of the trademark is a right conferred by the Act only upon registration. An unregistered trademark is protected only to the extent that its use clearly indicates the origin of its products or services to the consumer.
How does one register a trademark in India?
Registration of a trademark may be sought by filing an application with the Indian Trademarks Registry (the Registry). The Registry has five offices located in New Delhi, Mumbai, Kolkata, Ahmedabad and Chennai and each of these offices have specified jurisdiction over which they have control. The application must mention the name and address of the business, identify and describe the products or services that are to be offered or being offered under the trademark using the Classification of Goods or Services listed under the Rules and provide an address using which the Registry may communicate with the person applying for trademark registration.
Once an application is filed at the appropriate office, the Registry would allot a number to the application and sequentially examine it. If the Registry believes the application is in order, it will advertise it in its Journal (called the Trademarks Journal) allowing time for any opposition from the general public or other businesses. If no opposition is received, the Registry registers the trademark and issues a Registration Certificate.
How can Meeturpro help you?
Meeturpro offers a variety of trademark-related products which may be purchased according to your requirements. To make the shopping experience simpler and more efficient, we have provided a brief description about the products and whom it may be suitable. Should you require our assistance, we are a phone call away at +91 44 42167711.