A trademark (popularly known as brand name) in layman’s language. It is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce. It is often used to distinguish it from other similar goods or services originating from a different undertaking.
Moreover an applicant can obtain Trademark registration for a business name, distinctive catch phrases, taglines or captions.
The Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India list Trademarks in India under the Trademark Act, 1999.
An existing registered trademark that are the same or identical to cannot be registered. Moreover, offensive, general, unreliable, not unique, includes specifically protected emblems, etc. trademarks are not registrable.
The registrant can apply R symbol after the completion of trademark registration process. Such registration will become valid for 10 years. However, Registered trademarks nearing expiry can regularly renew the registration process by filing a trademark renewal application for a time of another 10 years.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials or a mixture of all these can be registered.
A trademark application can be made by:
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.