What is a trademark?
A Trademark is a source identifier for a brand or a company and provides a business its unique identity. The main function of a Trademark is to differentiate the goods and/or services of one source from other enterprises, thereby reducing the chances of any confusion amongst the relevant section of the public. Examples of traditional forms of trade mark include word marks, logos, device marks, slogans, letter marks or combination thereof.
What are the different types of trademarks?
Any mark of identification, which gives a company and its products a distinct recognition, such that people automatically associate the brand with the mark, can be trademarked. In this regard the different types of trademarks are:
● Brand Name or Wordmark
● Logos or Device Marks
● Packaging Marks
● Shape Marks
● Combination of Colours
● Sound Marks
● Architectural Designs
What are the rights of a trademark holder?
Exclusive Identity– A registered Trademark provides prima facie evidence of ownership and validity and its proprietor enjoys exclusive ownership right over the trademark.
Quality Identifier– Providing quality products/services under a registered trademark develops an image of the business entity in the marketplace. In return, this established quality helps in retaining permanent customers who are to the brand.
Safeguard against Infringement– Any unauthorized use of one’s registered trademark amounts to infringement. A registered trademark helps to deter others from using the trademark unlawfully.
Legal Remedies– Any trademark infringement arising out of unlawful and unauthorized use of a registered trademark allows a suit for infringement to be brought.
What is the term of trademark protection?
The protection to a trademark upon registration is given for a period of 10 years. When a trademark is registered, it enjoys legal protection for a period of 10 years, after which, if not renewed, such protection ceases to exist.
The renewal of the trademark is usually done within 6 months before the tentative expiration date. However, it can be done till upto 6 months after the expiration with the payment of a surcharge, after which the fresh period of 10 years of protection is given, considered to have begun from the date of the expiration. If not renewed, the trademark is then removed from the register after the completion of the additional period of 6 months
What is the difference between the TM and the R symbols?
The TM symbol is usually used when a trademark registration application is submitted, to
that the said mark is in process of registration and they should avoid its unlawful usage.
This symbol may or may not be used even without the grant of registration of the
The R symbol however can only be used with a brand name once it has been fully
registered with the Trademarks Registry. This symbol is used to show that the said
trademark has been registered and enjoys legal protection from its unlawful use or
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