TRADEMARK REGISTRATION IN INDIA
Trademark is the unique symbol or word which is used to represent a business, its products or services. The trademark has played a very vital role in the setting up the business in this competitive world. It creates a unique identity in the market which is beneficial for both the creators of such product or services and to the consumers. Trademarks help in cementing the trust of the customer by creating its identity for its product and its quality.
But in this competitive era, the proprietors of such trademark feel unsecured for their trademark so that it may not be taken away by any other competitors. This will lead them to losses in their businesses. It is a well-versed fact that the trademark is the brainchild of one’s intellect and he has the sole right over it. Thus here, the trademark registry plays a very significant role in securing the interest of the original owner of such trademarks.
Under the trademark laws in India, four types of trademarks can be registered:
- Product Trademark: Those which are attached to identify goods.
- Service Trademark: This is used to identify the services provided by the entity.
- Certification Trademark: Signs which certifies the origin, material, the method of manufacture, the quality or other specific features of goods or services, certified by the proprietor of such registering or registered trademark.
- Collective Trademarks: the trademarks which are registered in the name of groups, associations, and other organizations for its use by its members in commercial activities.
A person who claims for being the proprietor of the trademark can only apply for the registration of its mark for the goods and services under its class prescribed in trademark laws. The registering proprietors can register any name (which is not unusual for trade to adopt as a mark), any invented word or any arbitrary word or words not being descriptive of the character or the quality of the goods and services, any letters or numeral or any combinations, devices including symbols, monograms, shape of the goods or their packaging, 3-d marks and sound marks, as trademark.
The registration of the trademark may be applied at the trademark offices under whose the jurisdiction the principal place of the business of the applicant falls. The term of the registration of the trademark under trademark laws is ten years, which may be further renewed for a further period of ten years by fulfilling the requirements prescribed under the trademark laws and rules. Further, the non-use of a registered trademark for a continuous period of five years is a ground for cancellation of registration of such registered trademark at the behest of any aggrieved party.
The registered proprietor of a trademark has the exclusive right to sue the other proprietor who uses its registered trademarks as of theirs. Thus the aggrieved proprietors shall be entitled to secure its damages.
Thus, the registration of a
trademark confers upon the owner the exclusive right to use and protect its
registered trademark against the other competitors. The proprietor secures his
interest by way of registration and this further helps in flourishing its
businesses in profits.