Trademark Laws in India
Trademark laws in India are stipulated in Trademark act 1999 containing all the applicable rules and regulations. Trademark is a kind of Intellectual Property Right that is capable of distinguishing the goods and services of one entity from others. The trademark laws lays out the basic outlines by which trademarks are facilitated in India. The first act containing the trademark laws was Indian Trademark law 1940 but with the increasing needs for more stringent and expanded coverage various amendments were made in this act. Finally, the trademark Act 1999 came into existence with the aim of providing for registration of service marks, collective marks, providing better protection to well-known marks and most importantly for the constitution of Intellectual Property Appellate board for the speedy disposal of appeals. In order to be benefitted by the trademark protection it is of utmost importance to thoroughly understand the basic laws of trademark. In this we will take the comprehensive look at the basic laws of trademark in India.
What is Trademark?
According to the trademark laws in India trademark is a word, symbol, logo, phrase, name that is capable of distinguishing the goods and services of one person from others and make them distinctive. Some of the famous trademarks are Nike, Coca Cola, Apple, Dell etc. A trademark helps the consumer at large to make a difference between the multiple ranges of products present in the market and make choices accordingly.
How to choose a Perfect Trademark?
An application for trademark registration can be for any mark but it is not possible to get them all registered. The trademark registration in India can only be obtained for those brand names that fulfil the criteria of registration according to the trademark laws. Some of the factors that should be considered for selecting the perfect brand name are as follows-
- The name must be unique
- The name should not be descriptive
- The mark should not indicate the quality of product
- The name must not be deceptively similar to an existing mark.
- The mark chosen should not pint out towards a geographical location.
- Generic words should be avoided
- The name chosen must be short, simple and attractive.
The name that fulfils all of these criteria’s is eligible to be registered under the trademark rules and regulations. Some of the rules mentioned above are outlined in the trademark laws that make them mandatory in nature for the registration of brand name.
What is the procedure of trademark registration?
Trademark act outlines that complete procedure that must be followed in order to obtain the trademark registration in India. He we will take a brief look at the steps involved in the procedure of trademark registration.
Trademark Search– The first and most important step in the procedure of trademark registration is to conduct a proper trademark search. Through this search the applicant can determine whether the name chosen by him is unique or not.
Waiting period of 30 days– After the successful submission of the application there is a mandatory waiting period of 30 days for receiving the trademark objection from the trademark department. If no objection is received the applied mark is moved to the next stage for the publication in journal. However, in case an objection is received the response of the same is required to be given. If the trademark officer is satisfied with the response submitted he will take the application to next stage otherwise same is required to be cleared on hearing.
Publication in Journal– The trademark stay published in Trademark Journal for the total period of 4 months to receive any kind of third party oppositions. In case no opposition is received during this phase the trademark gets registered otherwise the applicant is required to file response, evidences and attend hearing to get the mark cleared.
Registration Certificate– Once the mark has successfully crossed all the stages the trademark registration certificate in respect of the mark is generated and is valid till 10 years.
Once you have followed this procedure the proposed trademark stay protected for 10 years and after that to continue enjoying the benefits trademark renewal must be sought.
What is Trademark Infringement?
Whenever, there is a law there exists a punishment to break that law same is the case with trademark. When any person uses the registered trademark without the authorization of the owner with the intention to deceive the public at large it is said to be trademark infringement. Along with being the cognizable offence there exist the penal provisions for trademark infringement. The infringement is said to occur when the court has the reasons to believe that the registration of mark may lead to the confusion among the buyers.
These are some of the basic laws of trademark that every person dealing in it must consider. For information feel free to scroll through www.lawdef.com.