A Trade Mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures. A trademark is therefore a “badge” of trade origin. It is used as a marketing tool so that customers can recognise the product of a particular trader. To be registrable in India it must also be capable of being represented graphically, that is, in words and/or pictures.
Types of Trademarks
A trade mark is not limited to being a corporate logo. It could also be a jingle, your registered business name painted on the side of your truck or even a scent.
· Series of trade marks
· Sound trade mark
· Non-English trade mark
· Movement trade mark
· Shape trade mark
· Colour trade mark
· Scent trade mark
· Trade marks for wine
· Trade marks for plants
· Figurative marks
Application for registration
An application for registration may be made by any person claiming to be the proprietor of a mark but only as regards the particular goods or services in respect of which he/she is using or proposing to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark himself/herself or though a registered user.
To be registrable, a Trade Mark application must contain or consist of the following essential particulars:
· An explanation with sufficient precision, a description by words of the Trade Mark, if necessary, and depiction of the graphical representation of the Trade Mark.
· The name of a company, individual or firm represented in a special or particular manner.
· The signature of the applicant for registration or some predecessor in his/her business.
Examination of Application
Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subjects of earlier pending applications.