The concept of trademark can be traced back to the ancient times. The law of trademarks was formalized with the process of registration which gave exclusivity to a trader of Coimbatore Tamil Nadu to deal in goods using a symbol or mark of some sort to distinguish his goods from similar goods soled by other traders. In the present it stands as an indication of exclusivity in trade under that mark which cannot be transferred. Only a limited right of user can be granted via license. For online trademark registration in Coimbatore Tamil Nadu visit trademark registration in coimbatore tamil nadu portal.
Trademarks Act, 1999 recognizes and enforces an important intellectual property right. According to Section 2(zb) of the Act, trademark means “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.” It also means a registered trademark or a mark used in relation to goods or services for the purposes of indicating a connection in the course of trade between the goods or services and some person having the right either as a proprietor or by way of permitted users to use the trademark. For online brand registration in coimbatore tamil nadu visit trademark registration in coimbatore tamil nadu portal.
Only a trademark can be registered under the Act which means that the main subject matter of registration must be a trademark as defines under the Act. Even then the Act does not permit every trademark to be registered. As regards to unregistered trademarks, it is governed by the provisions of the Act and common law. Certain characteristics have to be met for a trademark to be registered which have been stated in Section 9 of the Act while some are absolutely prohibited from being registered now you can get your trademark register at trademark registration in coimbatore Tamil Nadu portal at affordable rate. It needs to satisfy any one of the particulars and is not required to consist of more than one of the particulars to be eligible for registration. As held by Lord Herschell in Eastman Photographic Materials Co. Ltd. v. Comptroller- General of Patents, Design and Trade Marks, popularly known as the Solio case, particulars designated under the paragraphs (a) to (e) are treated as separate and distinct and there is no warrant for transferring the words found in any of these particulars to any other of them. Read more about trademark and its registration process on trademark registration in coimbatore tamil nadu.
Know about Components of a trademark Registration In Coimbatore Tamil Nadu
- A trademark need to be distinctive. It can be acquired or inherent and can be class dependent i.e., distinctiveness in relation to one class of goods may not be so in relation to another class of goods. For online TM application in coimbatore tamil nadu consul to trademark registration in coimbatore tamil nadu portal.
- It should preferably be an invented word.
- It should be easy to pronounce and remember in case of a word or name.
- It must be easy to spell correctly and write legibly.
- It should be short and appeal able.
- It should satisfy the conditions for registration. Get online brand registration in coimbatore tamil nadu at affordable rate on trademark registration in coimbatore tamil nadu portal.
- It should not belong to the category of trademarks prohibited under registration i.e., it should not be a mark which will be contrary to law for the time being in force or a mark prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
Trademark Registration in Coimbatore Tamil Nadu
The first enactment whereby the machinery for registration and statutory protection of trade marks was introduced in India was the Trade Marks Act, 1940. Prior to the said enactment, the law relating to trademark registration in coimbatore tamil nadu India was based on the common law. The Act was replaced by Trade and Merchandise Act, 1958 to be in line with the Trade Related Aspects of Intellectual property Rights (TRIPS) Agreement and the new Act of 1999 was enacted. The Act has codified the law relating to Trade and Merchandise Marks and is a comprehensive legislation dealing with registration and protection of trademarks and its related criminal offences and other markings in merchandise. As stated earlier, it is not compulsory for every trademark to be registered and in respect of a registered trademark, certain statutory rights have been conferred on the registered proprietor which enable him to sue for the infringement of the trademark. know about statutory rights related to trademark registration in coimbatore Tamil Nadu on trademark registration in coimbatore tamil nadu portal.
The registration of a trademark shall be for a period of 10 years but may be renewed from time to time. The renewal shall be for a period of 10 years from the date of expiration of the original registration or of the last renewal of registration (Section 25).
Know about different types of Trademark registration in coimbatore tamil nadu India
Different types of Trademarks that can be applied for Trademark Registration in coimbatore tamil nadu India on the basis of Trademark Registration Guideline followed worldwide that are defined by WIPO are:-
- Wordmarks :- It is the most common types in India and worldwide. It basically means Brand Name Registration under the Trademark Act. If a company’s products i.e. goods or services are identified with a Word or some Text, in that case a Wordmark Application is done and he has the full right to stylize it in any possible format, Font, size and Design because the whole word is owned by the Proprietor. An Example of a Wordmark Application would be CADBURY ®, its totally a Text Based Trademark that is Registered under the Indian Trademark Registry. Get your wordmarks trademark registration in coimbatore tamil nadu from trademark registration in coimbatore tamil nadu portal.
- Trademark on Shape of Goods :- It is a sort of Unconventional Trade-mark, which is basically on the Trademark Shape of the Product being sold or maybe some unique aspect like packaging of a product or a tangible design of the product. The Shape should add some sustainable value to the goods being sold from its very origin and the applied mark for shape should not be a technical attribute to the Product. Major Example that has can be the shape of Coca-Cola Bottle which is unique and synonymous to Coca-Cola and anyone who sees the design can make out what brand is it, just by mere looking or touching the same. Know more about how to get trademark on shape of goods on trademark registration in coimbatore tamil nadu portal.
- Three Dimensional Marks (3-D Marks) – it is a non-conventional mark. A distinctive physical appearance of the product or a 3 Dimensional image of the distinctive packaging exclusive to the product’s physical appearance can make it eligible apply for attaining a 3D Trademark Registration in India.Some of the example of the products are – Exclusive Bottle designs in case of iconic liquor Brands, which are synonymous to the brand and can be depicted into a 3D Figure. Consult for three dimensional mark trademark registration in coimbatore Tamil Nadu Portal.
- Colour Trademarks :- it is another Non-Conventional type of Trademark Registration in India, an Applicant protects their Brand for a particular Colour or combinations of colours via their Color based Trademark Application made to the TM Registry. It is technically the most difficult Trademark Application to get through the registry because your Brand should be capable to encompass the use of Colour as the most integral and inherent part of the whole Trade-mark in a marketplace and along with that it should convey the uniqueness of the brand by identifying the identity of the goods and service traded under the brand. Get most difficult colour trademark from trademark registration in coimbatore tamil nadu portal.
- Service Based Trademarks – Basically these are the Trademark Applications which are filed by everyone and anyone in Service Sector of business.
- Soundmark :- One of the most Non-Conventional and unique form of Trademark registration in India, it is basically a TM Registration on the Trademark Tunes, sound Recordings, Composed Music which acts as an identifier for the origin of Goods and Services. It should be a unique sound and should create a quick recall value and is an integral inherent part of the goods or service being offered by the Applicant. Still looking for unique trademark registration in coimbatore tamil nadu get it done from trademark registration in coimbatore tamil nadu portal.
- Symbol or Device Logo Registration in India :– This is one of the most Common and Simple yet quite effective type of Trademark Registration in India.Logo or a symbol representing a business is generally considered as a Brand for that business and that business has full power to trade its services or goods as per the applied Trademark in the concerned Category. For online TM application in coimbatore Tamil Nadu consult trademark registration in coimbatore Tamil Nadu portal.
- Series Marks :- Series Marks are Non-Conventional Trade-Marks, there are certain brands which have multiple products that are some or the other way associated and connected to one another and this connection is usually through a Common Suffix or Prefix to the whole Brand Name.
- Collective Trademarks :– Collective Trademark Registration Online is done in case a mark has to be used collectively by a group of people of some sort of association or an organization. Generally, Collective Trademarks are Registered in case of a Government Organization or some Institute where the members or people associated to do that institute can use the particular mark and the same should right away signify the people in using of the mark are part of that particular collective group.
- Certification Marks :- Certification marks are another kind of Non-Conventional Trade-marks Registered in India, as the name suggests that these marks are certain brands which are owned by certain bodies that certify a particular type of commodity or product or even a certain group of products.
Process of Trademark Registration in Coimbatore Tamil Nadu India
Chapter III of the Act enumerated the procedure for registration of a trademark either by any person claiming to be proprietor or a person desirous of registering a trademark. A single application may be made for registration of a trademark for different classes of goods and services. Every application shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant is situated. A person claiming to be the proprietor must apply in writing to the Registrar. The Registrar has the power to withdraw the acceptance sanctioned for the registration of a trade mark when he is satisfied that i) the application has been accepted in error or ii) it should not be registered under the circumstances of the case. When accepted, the Registrar shall cause the application to be advertised in the prescribed manner and any objection to it must be filed within three months from the date of advertisement in writing by way of notice. The Registrar shall serve a copy of the notice on the applicant for registration and the counter- statement must be filed by the applicant within two months from the receipt by the applicant and a copy of the same will be served on the person giving notice of opposition. Failure to file a counter statement within the prescribed time limit will be presumed to be abandonment of the application. Upon submitting the evidence, the Registrar shall give an opportunity for both the parties to be heard and decision will be taken to decide whether the registration needs to be granted.
When an application for registration has not been a) opposed or the notice of opposition has expired or b) the application has been opposed but has been decided in favour of the applicant, the Registrar shall register the said trademark with the date on which the application has been made .On the registration of a trademark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration along with the seal of the Trade Marks Registry.
Major reasons for Online Trademark Registration in Coimbatore Tamil Nadu India
The Act provides an exclusive right to the owner over his goods or services before anyone else can keeping a check on the fraudulent use by other persons. Trade-mark creates a monopoly over these products and is a right in rem. Therefore, the major reasons for Online Trademark Registrations in coimbatore Tamil Nadu India are:
- The trade-mark protects the customers from any kind of confusion and deception by identifying the origin of particular products as distinguished from other similar kind of products, and
- The goodwill of the owner of the products is retained with the trade mark thereby protecting his business.
- It acts as a protection against unfair competition.
- It is better to register the goods or services when companies resort to advertising their goods or services. This ensure that no competitors will claim the goods or services advertised to be their own.
- It creates a legal protection for the goods and services of a company such that the company will have the right to sue or take action against such infringement when competitors infringe another company’s products.
- This right to sue and take action against its competitors is only possible when a trademark is registered.
- It helps an owner to make his/her goods or services known to the public helping them to differentiate between other products which leads to increase in sales and profit.
Benefits of Trademark Registration in Coimbatore Tamil Nadu India
- The function of a trademark is to give an indication to the purchaser or possible purchaser as to the manufacturer and quality of the goods. It gives an indication to his eye of the trade source from which the goods come or the trade hands through which they pass on their way to the market. Get your trademark registration in coimbatore tamil nadu from trademark registration in coimbatore Tamil Nadu portal.
- It gives the purchaser a satisfactory assurance of the mark and quality of the article he is purchasing which is not visible to the naked eye. It is on the faith of the mark being genuine and being of the same quality that the buyer makes his choice.
- It establishes a connection between the goods and the source thereof which would suggest the quality of the goods.
- It creates an image in the minds of the public particularly consumers or the prospective consumer of such goods.
- It advertises the product.
Documents required for trademark Registration in Coimbatore Tamil Nadu India
- The name, address and nationality of the applicant., the names of all the partners in case of a partnership firm including mentioning of a minor partner. In the case of the applicant being a company, the country or state of its incorporation.
- A list of goods and/or services to be registered.
- A soft copy of the trademark or logo to be registered.
- A translation of those words into English is required, if the mark contains or consists of non-English words,
- Details of application if it is used for claiming priority from an earlier filed convention application (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted.
- If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
- Date of first use of the trademark in India, if at all used
- Power of attorney simply signed by the applicant (no legalization or notarization is required).
Various Advantages of getting a trademark Registration Certificate in Coimbatore Tamil Nadu India
- Registration of Trademark in India is relatively cheap. It is much cheaper than domain registration in the long term and can be maintained forever.
- The application that came first will be given priority over the others filed after it. The Trademark application for another party may be rejected if the “mark” proposed is similar to the “mark” proposed by you. Hence, First come First serve is the basis for processing the application for registration of the trademark.
- In India, the validity of a registered trademark is for a period of 10 years. No legal obligations, fees and other statutory requirement regarding maintaining trademarks needs to be done.
- It can be renewed at end of the expiry of certificate of trademark registration.
- The owner can protect the trademark by the third party.
- A company name cannot be similar or identical to that of a trademark. Therefore, once a trademark is registered, a company cannot be registered in the same name as per the provisions of the Companies Act, 2013.
- The trademark registered in India can be used as basis of registration, in case if one wants to register the trademark in countries other than India. It can provide a good base along with the established Goodwill in that Country.
- Registration of Trademark leads to the creation of an intangible asset which can be sold, assigned, franchised or commercially contracted.
- Registration usually covers the whole of India and thus gives a stronger enforceable right to prevent others from using the trademark in connection with the goods or services for which it is registered.
FAQ’s about Trademark Registration in Coimbatore Tamil Nadu India
What is the difference between a Trademark and Property mark?
A Trademark denoted the manufacture or the quality of the goods to which it is attached while Property mark denotes the ownership in them. The former concerns the goods themselves while the latter concerns the proprietor
What is the time taken to register a trademark?
The trademark application number is usually issued within one or 2 days after filing while it takes around 18-24 months to obtain registration in a straight-forward case, being a lengthy process.
When can the symbol ® be used?
The ® (Registered symbol) can be used next to your trademark only when your trademark is registered and registration certificate is issued. It is an offence punishable with fine to falsely claim that registration of a trademark. The letters TM can be used to claim rights over your trademark till the registration is obtained.
What is the applicability of a trademark registered in India globally?
A trademark in India will be valid for India only i.e it is territorial in nature. One cannot get a global trademark.
Whether it is necessary to file Power of Attorney while filing a Trademark application?
It is necessary to submit a Power of Attorney at the time of filing the application on behalf of an Applicant and it needs to be simply signed by the Applicant (no legalization or notarization is required).
Can a registered trademark be removed from the register?
It can be removed on the basis of wrongful existence of the mark in the register by submitting an application to the Registrar on prescribed form. The Registrar also can issue notice for removal of a registered trade mark. Non-use of a registered trademark for continuous period of 5 years is also a ground of removal.
What is the appeal provision provided under the Act?
The Central government shall establish the Appellate Board o be known as the Intellectual Property Appellate Board (Section 83). Any person aggrieved by the order or decision of the Registrar may prefer an appeal to the Appellate Board within three months from the date on which the order or decision is communicated to such person preferring the appeal.
What is the penalty prescribed for the infringement of the provisions of the Act?
Any person who falsifies any trademark shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than Rs. 50,000/- but which may extend to 2 lakh rupees.
Whether the registered trademark can be used as a part of a domain name ?
Use of a registered trade name as part of a domain name was considered by the courts as infringing the rights of the registered trademark holder.
What are the reliefs available?
In addition to conferring exclusive right to the use of trademark, the owner of the trademark is also entitled to seek remedy in civil law and criminal law. An action for infringement’ in case of a registered trademark and an action for passing off’ in the case of an unregistered trademark can be enforced by the owner of a trademark for unauthorized use of his or her mark or its imitation by a third party.
Why to choose Company Vakil?
At Company Vakil we are one of the few Trademark Attorneys in the country which places the sastisfaction of the customer to be of utmost importance and undertakes to carry out the trademark applications of our clients to protect and preserve their unique identity in the market. We have a lot of major clients from Entertainment and Music Industry, so we apply for Soundmark Trademark Registration Online for their hook lines or some Trade mark Dialogues and then the same is licensed to other people trying to use the same for any material benefits of any sorts. At Company Vakil we give utmost importance on how to apply a Brand’s Device Logo for Registration of Trademark online in India among many other services.