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Trademark

Innovations and Trademarks:
Legal Protection Insights

A trademark is a unique mark or sign representing you, your company, your products or the services that you provide and distinctive in nature, which distinguishes it from one firm to another and thus building reputation. You can describe your business in a number of ways; it can be in your company name, brand name, label, product name, logo, tagline, and domain names. It is necessary that all the intellectual property rights of your company, including trademarks, should be established and secured as IPR is the oil of the 21st century.

Types of Trademark

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Word Mark

The most common type of mark is a word or other grouping of letters/alphabets. Also referred to as the "standard character" mark, no claim to any shape or color or font size. Examples are Banana for a clothing brand or Pegasus for a shoe brand, etc. It is not necessary for the word to have any meaning or logo.

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Device Mark

Device marks are generally referred to as Logos, Pictures of Drawings, Combinations of Pictures and words or Drawings; they include any label, sticker, monogram, logo or geometric figure other than a word mark.

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Collective Mark

A collective trade mark or collective mark is a trade mark used by a group or its members to distinguish themselves with a degree of consistency or precision, geographical origin or other characteristics as specified by the entity. Examples: TATA motors, TATA chemicals, TATA steel, TATA communications etc.

Certification Mark

The certification mark provides consistency, while the collective mark provides both quality and source. The owner may register the certification mark, while the group of individuals may register the collective mark. Examples : ISO mark, ISI, BIS.

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Sound Mark

Sound marks are a non-conventional trademark and can be registered in India, sound features are used as an indicator for the origin of products or services. The important ingredient is the appearance in the sound of factual distinctiveness capable of generating an immediate recall value for the product or service. Some of the registered sound marks in India are as follows: ·Yahoo yodeling (4350871) · National Stock Exchange Theme Song (2152243)

Colour Mark

A colour trade mark is a non-conventional trade mark where at least one colour is used to perform the trade mark function of identifying the commercial origin of products or services. The particular colour or combination of colour is recognized as a trademark if it is established that the colour(s) function as a unique identifying mark to identify the origin of goods or services. A colour mark in India can be registered as the consumers can link it directly with the product, for example; white and red for Colgate. Note: The application can be refused in the case of a single colour as it is difficult to prove its distinctiveness and in India the depletion of colour theory is termed as the main issue, whereas the shades can be registered

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Shape Mark

The shape marks have three-dimensional marks or shapes which are capable of distinguishing goods and services of one trader from another, which have been registered as trademarks. A shape mark is also known as shape trademarks. Such a shape must have the capability of finding goods sold under the trademark. For e.g. Coca-cola bottle(2097362), xbox 360

Steps

Step 1- File an application

To apply for trademark registration, the first step is a Public search and it is necessary to know the availability of the trademark as it is the face of the company or business and aids in establishing the brand value.
Step 2- Examination

After the Public Search with a positive search report, one can go for an Application filing known as TM-A. The applicant can make use of “TM” over the trademark once the filing receipt acknowledgment is generated.
Step 3- Registration

After filing TM-A within a few days, the Trademark Registry checks one’s application and sends a report. There are a few possibilities;
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Documents required

  • Identify Proof Of The Applicant
  • Address Proof
  • Certificate Of Incorporation For Company And MSME If Any
  • Trademark Attorney Authorization
  • Image Of Logo Or Device Mark In JPEG
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Process

Public search

To apply for trademark registration, the first step is a Public search and it is necessary to know the availability of the trademark as it is the face of the company or business and aids in establishing the brand value.
Application filing

After the Public Search with a positive search report, one can go for an Application filing known as TM-A. The applicant can make use of “TM” over the trademark once the filing receipt acknowledgment is generated.
Examination reply

After filing TM-A within a few days, the Trademark Registry checks one’s application and sends a report. There are a few possibilities; If there is no similar or generic mark, then the application is Accepted. If there is any similar or generic mark or other missing details, then the application is objected under sections which deem fit.
Hearing

A particular date is sent through notice to appear for the hearing in the trademark office and explain how and why the mark should be registered. If the trademark officer is content with the explanation, then the mark is accepted or rejected.
Journal

After the mark is accepted, it is displayed in the trademark journal for four months, if there is no opposition for the said mark,and then the mark is registered. The journal displays various marks that have been accepted for everyone to see and oppose if required.