Trademark

trademark is a unique symbol or word(s) used to represent a business or its products. … Over time, trademarks become synonymous with a company name, so that you don’t even need to see the name to recognize a particular business.

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

 

SALIENT FEATURES OF TRADEMARK ACT1999

Providing for registration of trademarks for services. Providing for an appellate board for speedy disposal of appeals. … .Providing enhanced punishments for the offenses related to trademarks. } Increasing the period of registration and renewal from 7 years to 10 years.

SALIENT FEATURES OF TRADEMARK RULES 2017

With effect from 6th March 2017, the new trademark (amendment) rules 2017 came into existence. The intention is to simplify the whole trademark registration process and make it hassle-free and quick. It would, in turn, is expected to expedite the overall process of trademark administration.

E-filing and addition of email as an important part of the address can be seen as an effort to further promote digitization. Along with these some other noteworthy features of the new rules are:

  1. Sound marks are made registrable:
  2. 3D Marks are made registrable:
  3. E-filing is promoted:
  4. Provisions pertaining to Well-known mark
  5. Separate Fees structure for an individual/startup/small enterprise and for others:
  6. Expedited processing of application:
  7. Hearing via Video conferencing:
  8. Number of forms has been cut down to 8 from the existing around 75 forms:
  9. Fees increased drastically:
  10. E-Service of documents:
  11. Reduced Adjournments:

 

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