Trademark Ppt 6n96w

Trademark Submitted by:Jagdeep Yadav

Trademar k A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or CocaCola. That is called a Logo Composite Mark.

Who owns a trademark? A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

Is my trademark available? If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself, is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.

What if the trademark is taken? No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

What do I need to provide? You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorization Letter. Once an Authorization Letter has been received, we prepare your documents, make the application for you online, and pay the necessary fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.

How long does it take? The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.

Advantages of Trademark Registration

Legal Protection If you believe your ed trademark is being infringed, it is easy to establish your right to it in court. If you haven't ed the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential. Business Opportunity A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements. Unique Identity You would want your customers to identify your products or services with yours only. ing your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being ed.

Types of Intellectual Property Applies To

Words, logos, slogans

Photographs, movies, music, software code

Applicants

Business owners

Artists & creative Inventors & professionals designers

Inventors & designers

Ownership Without Registration

Yes, but rights are limited

Yes, but rights are limited

No

No

Validity

Indefinite, but to Lifetime of the be renewed author, plus 60 every 10 years years

20 years

1 year

Inventions & ideas

Inventions & ideas

Trademark Registration Process You can start using TM in 1-3 working days, after you have ed all your Documents + Information  TRADEMARK FILING 1-3 Days   We check your Trademark in the Intellectual property database and file your TM application with the Government

TM REGISTRATION 1-2 Years   TM application filed goes through numerous checks and is opened for public objection before it becomes a ®

Use of TM, SM and ® symbols • 'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application. • The ® symbol, can be used only once the trademark is ed and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is ed. • The registration process is the same for both trademarks and servicemarks. 

Requirements for filing a trademark application 1.The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner. 2.If the applicant is a company, the country or state of incorporation. 3.A list of goods and/or services for which registration is required. 4.Soft copy of the trademark to be ed. 5.If the mark contains or consists of non-English words, a translation of those words into English is required. 6.Date of first use of the trademark in India, if at all used 7.Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.

Frequently asked questions • What is a trademark class?  The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be ed under those classes only.

What is a trademark? A trademark is generally referred to as a “brand” or “logo”. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or merchants or service providers to identify their own goods and/or services. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Properly used and promoted, a Trademark may become the most valuable asset of a business.   2. What are the advantages of obtaining trademark registration?  ∙Prima-facie evidence of ownership of the trademark.  ∙Important asset for your business or company and contributes to the goodwill generated.  ∙Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is ed.  ∙Trademarks can be sold, licensed or assigned.

3. My Company Name is already ed under the Companies Act. Why should I go for trademark registration of my company name/trade name?  Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.   4. How do I find out whether a trademark / brand name is already ed in India? A search of the Indian Trademark Registry database will indicate whether there are any marks identical or deceptively similar to your trademark in India. The trademark search can be conducted in the official Trade Mark Registry website in India in the link copied below: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

5. What is the difference between trademark registration and copyright registration for logo? A logo can be protected both under the Trade Marks Act and Copyrights Act. Trademark Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.   6. What is the validity of a trademark registration? Once the trademark is ed, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

7. How long does it take to a trademark? Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.   8. Can I use the ® symbol? You may use the ® (ed symbol) next to your trademark once your trademark is ed and registration certificate is issued. Kindly note that it is an offence, with penalty, to falsely claim that your trademark is ed. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

9. What cannot be ed as trademark? Idea, state flags & hallmarks, process, similar existing marks, generic words cannot be trademark as they fail to meet the minimum requirements for the trademark registration. 10. What is the difference between goods and services? •Goods are tangible products, Like computers and bottles •Services are activities performed for the benefit of someone else, such as IT services or catering 11. Can foreigners apply for trademark in India? Yes, foreigners can apply for trademark in India. India has declared certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person or company from a convention country, may within six months of making an application in the home country, apply for registration of the trademark in India.