Trademark - FAQ
1. What are TRADEMARKS?
Trademarks and Servicemarks are source identifiers of a particular brand. Their purpose is to inform the public about the origin of the goods and services on which they are used.
A trademark can be a word, phrase, symbol, design, or a combination of these elements used in trade to identify and distinguish goods from one enterprise to another. Trademarks are categorized as Word Marks or Logo Marks.
A Servicemark serves the same purpose but applies to services rather than products. Typically, trademarks appear on products or their packaging, while servicemarks are found in advertising materials.
Most countries follow the International Classification of Goods and Services (NICE classification) consisting of 34 classes for goods and 11 classes for services.
2. Who can apply for registration of TRADEMARKS?
The following entities can apply for trademark registration:
- True Owner of the trademark
- Natural persons (individually or jointly)
- Legal entities such as proprietorships, partnerships, companies, and corporations
3. Why protect TRADEMARKS?
Trademarks are essential for brand representation, building trust, and leaving a lasting impression. They carry and display a brand’s originality and creativity, becoming invaluable business assets that enhance commercial value.
4. Can one obtain automatic protection for TRADEMARKS worldwide?
No, trademarks do not receive automatic protection worldwide. Protection can be sought through individual national filings or via international treaties for simultaneous protection in member countries.
5. What signs are registrable as TRADEMARKS?
Registrable trademarks must meet the following criteria:
- Distinctive
- Non-descriptive and non-laudatory
- Non-generic
- Not similar or identical to prior trademarks
- Not causing confusion or misleading the public
- Not offensive or violating morality
- Not violating the law
- Not including official insignia such as emblems, flags, or seals
6. Choosing the right class(es) for protection
Trademarks are classified under the NICE Classification system. Selecting the correct class for goods and services is essential for comprehensive protection.
7. Certification Marks & Collective Marks
Certification Trademarks are marks certified by their proprietors to denote origin, material, quality, or other characteristics of goods or services.
Collective Trademarks are used by members of an association to distinguish their goods or services from others.
8. Geographical Indications (GIs)
Geographical Indications signify the origin of products unique to specific regions. GIs guarantee authenticity and quality due to traditional methods and geographic origin.
9. Convention Applications and Priority
Applicants can claim priority within 6 months of filing in a convention country under international treaties like the Paris Convention. Priority ensures seniority over subsequent applications by other applicants.
10. Importance of Conducting a Search
Before filing, a thorough trademark search should be conducted to avoid conflicts with prior marks. Searching online, in trade magazines, or through official trademark offices is recommended.
11. Protecting Domain Names
It is advisable to protect domain names along with trademarks for stronger brand protection and valuation.
12. Should Applicants Use Trademarks Before Filing?
While many countries follow the ‘first to file’ rule, prior use of a trademark can help establish its distinctiveness and provide an advantage in registration and enforcement.