TrademarkCopia

Nature of Trademarks and Servicemarks

Property in the general consciousness is gauged, perceived and construed with respect to movable and immovable also known as ‘tangible’ and ‘intangible’. Wars were fought, and demarcations drawn keeping these aspects of property in mind. Accordingly, Laws and Legal Statutes came to be drafted based on these interpretations.

Origins of Trademarks and Service marks as known today can be traced back to when circulation of commercial goods took over the barter system that existed before business or trade as part of commercial activity came to be established. Therefore, trademarks performed the role of distinguishing goods, products, services from one another.

Though trademarks are territorial in nature and protected based on the desired country’s laws, the global movement of goods and services bearing trademarks and service marks beyond boundaries of the countries of their origin as also via the internet, calls for seamless and easy standardisation / harmonisation internationally, of trademark laws.

Why protect TRADEMARKS?

Trademarks are the face of any business. Trademarks propagate the underlying ideas, ideals and values of the business. They play a crucial role in Brand portrayal, gaining Trust for their patrons and leaving a lasting impression on the minds of clients and customers. To this end, Trademarks are invaluable assets gaining commercial value and enhancing business prospects manifold. Trademarks are the vehicles carrying and displaying Originality and Creativity of a brand. It would not be far fetched to say that Trademarks are a stamp of originality and continued value for owners, stakeholders as well as consumers.

The following Treaties, Agreements and Protocols have played a crucial role towards the same:

  1. Paris Convention for the protection of Industrial Property.
  2. Trademark Law Treaty.
  3. Singapore Treaty on the Law of Trademarks.
  4. Nairobi Treaty on the Protection of the Olympic Symbol.
  5. Madrid Agreement pertaining to the International Registration of
  6. Protocol relating to the Madrid Agreement.
  7. Nice Agreement Concerning the International Classification of Goods and Services for the purposes of registration of marks.
  8. Vienna Agreement establishing an International Classification of the Figurative Elements of Marks
  9. CTM – Community Trade Marks- Europe.
  10. BENELUX Treaty – Belgium, Netherlands, Luxembourg.
  11. ANDEAN Pact – South America – Bolivia, Colombia, Ecuador, Peru.
  12. OAPI and ARIPO – African Countries.

Applying for registration of Trademarks

Following can file for registration of trademarks as Applicants:

  • True Owner of the trademark.
  • Natural persons individually or jointly.
  • Legal entities such as proprietorship concerns, partnership firms, companies and corporations.

Can one obtain automatic protection for TRADEMARKS world over?

No, Trademarks cannot obtain automatic protection.Trademarks are protected by way of individual filings at the national offices of countries of choice

OR

Trademarks are protected by way of treaties wherein countries come together and sign a pact for simultaneous protection in member countries.

Kindly refer our treaties section for further information.

Our Attorneys will help you in guiding and filing international trademark applications both at national level and through treaties.

What signs are registrable as TRADEMARKS

Following signs are registrable as Trademarks:

  • Distinctive
  • Non-Descriptive and Non-Laudatory
  • Non – generic
  • Not Similar or Identical to Prior Trademarks
  • Not causing Confusion or Misleading the public
  • Not Offensive and Violating Morality along with the Law of the Land
  • Not inclusive of Official Insignia such as Emblems, Flags, Portraits, Olympic Symbol and Seals

Choosing the right class(classes) for wider and better protection

Trademarks are classified and categorised as classes relating to goods and services. Before filing an application for registration of trademarks, one should ensure the right class by choosing from the NICE CLASSIFICATION followed by most countries.

Our Attorneys are at hand to help you choose the right class for your goods and services.

What are Certification Marks & Collective Marks

Certification Trademarks, as the word indicates, refers to those marks that are distinguishable from ordinary marks, by way of being certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified.

Collective Trademarks, again as the word indicates, refers to trade marks distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

What are Certification Marks & Collective Marks

Certification Trademarks, as the word indicates, refers to those marks that are distinguishable from ordinary marks, by way of being certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified.

Collective Trademarks, again as the word indicates, refers to trade marks distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

Need for Trademark Protection

Trademarks form a crucial part of the intellectual property rights portfolio of any business. Since trademarks are non-extinguishable if renewed and used properly, trademarks can be used in perpetuity. In fact, trademarks are the Only kind of intellectual property that can be last and sustain forever. Trademarks can create and propagate a rich legacy of the business. Some of the well known and recognised, trusted and loved trademarks and brands have indeed achieved such iconic status so as to have withstood the vagaries of time thereby creating history by being around for centuries.