A trademark, also referred to as a trade-mark or trademark is a design, sign or expression which is easily recognizable. It is used in the identification of services or products coming from a specific source. Some trademarks, that can identify services, are known as service marks. Any legal entity, including a business organization or an individual, can own a trademark. The trademark can be present on a label, package, the product or a voucher. For corporate identity, some companies display their trademarks on company buildings.
The function of a trademark is to identify the owner of the brand for a specific service or product. One can license a trademark to others. For instance, in order to produce Smurf figurines, Bullyland received a license. The Lego Group bought a license from Lucasfilm. The objective was to come up with Lego Star Wars. You might also know that TT Toys is a manufacturer of replica cars for kids, that are licensed. The term ‘brand piracy’ refers to the use of unauthorized trademarks. This can be done by trading and producing counterfeit goods.
In case of trademark infringement, the trademark owner may go for a legal action. In most of the countries, registering a trademark involves a formal process. This is a precondition for taking legal measures against copyright infringement. In Canada, the US and some other countries, common law trademark rights are recognized. This indicates that the authorities can take action to prevent the use of trademarks, unless it is registered. Presently, the trademark owner can benefit from the common law trademarks in terms of legal protection, rather than registered trademarks.
First, you need to search for a suitable trademark. We can assist you during this process, using our tools. Besides, you can also use the government’s tool for searching trademarks or identifying it under the same class.After completing the search, the owner needs to proceed to the process of application. This is based on the details of similar or identical trademark applications, that have already been filed.
• Once you obtain the import export license, you can benefit from various subsidies from the Export Promotion Council, Customs and DGFT in course of your business activities.
• The customs port or customs authorities would ask for the import export license while dispatching shipments from customs.
• In case you are an importer and want to send money outside your country through your bank, the respective organization would ask for your import export license.
• The bank will also ask for this document from exporters when they receive money in the form of foreign currency into their bank accounts directly.
1. Allotment of trademark application
When you file the application for the registration of trademark with the registrar, you will receive an allotment number within a couple of working days. Then you can track this application online through the search feature. When you get your allotment number, the TM symbol can be affixed beside the logo.
2. Vienna codification
During the Vienna agreement (1973), the Vienna codification was established. This is a worldwide cataloguing of the figurative elements of marks. When you file the application, this classification will be applied by the trademark registrar to the trademark. This process is based on the figurative elements present in the marks. During this process, you will notice that the status of trademark application shows ‘sent for Vienna codification’.
3. Examining the trademark
After completing the Vienna codification, an officer in the registrar office of trademark will be allocated with the application. This officer would be responsible for reviewing the trademark application for accuracy. Then an examination report would be generated for the same. The officer may object the application, or accept the same.
4. Trademark objection
If the trademark officer objects the application, the applicant may appear before him or her and address the objections. In case the applicant is able to justify the same, it would be permitted for journal publication. However, if the officer is not happy with the reasoning, the applicant may approach the Intellectual Property Appellate Board to appeal the officer’s decision.
5. Publication of the journal
Once the registrar accepts the trademark registration, the proposed sign gets published in the journal of trademarks. This is a weekly publication, that carries all the trademarks that the registrar has so far accepted. When it gets published, the general public will get an opportunity to raise an objection to a particular registration, in case they think that it would harm their business. However, if no objection comes up within 90 days of the publication, the trademark is registered within a span of 12 weeks.
If any third-party opposes the application for trademark registration, the trademark hearing officer will call for a hearing. The opposing party and the applicant can appear before at the hearing. Both of them can come up with justifications for the rejection or the registration of the application. On the basis of the presented evidence, the hearing officer would decide whether or not the application would be accepted. One can also challenge the hearing officer’s decision by approaching the Intellectual Property Appellate Board.
6. Registration of trademark
In case the trademark application faces no opposition or objection, the trademark registration certificate and trademark manuscript will be prepared. When the certificate of trademark registration gets issued, it is considered that the trademark belongs to the owner. In the process, the owner gets an exclusive right to use the mark. Now you can use the sign along with your logo.