If the idea involves a technical product/process or combination of both then it can be protected by filing a patent application. This is called utility application.
If the requirement is to protect the aesthetic look/ design of the product then file an application for design.
If it’s a logo or a brand name then file an application for Trademark.
If it’s a literary or artistic then it can be protected by filing an application for copyright.
A detailed search may be conducted in the respective patent office’s platform using various combinations of words, logos etc. to know if such a brand or logo already exists. For example: For branding in India (Indian Patent office), for branding in USA (USPTO) etc.
A Trade mark (™) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. The trademark protection may include shape of goods, their packaging and combination of colours. Ex: COCA-COLA, APPLE, MICROSOFT, FAB INDIA etc.
Trademarks are the communication tool between your brand and the customer. Hence it becomes very important to register a trademark and seek protection from copying and using it on counterfeit goods.
When two or more persons use a trademark, they may apply for registration of a trade mark as joint proprietors. Section 24 of Trademark Act enables registration of two or more persons to be registered as joint proprietors of the trademark.
An application for registration of trademarks must be filed in person or through an online platform to the office of CGPTDM with an applicable statutory fee. It is recommended that the trademark may be filed under the guidance of a qualified attorney or trademark agent.
A trademark is valid for 10 years from the date of application. It can be perpetual provided the trademark is renewed before the expiration of this timeline.
Anytime within 6 months to the expiry date of the trademark.
Section 2(V) (m) of the Trademarks act 1999 states that “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
The date on which the mark was first used is known as the priority date of the trademark. Whereas, the application filing date is the date when a mark was filed to obtain protection. The priority date of a mark is helpful while filing for a protection in a foreign country.
No, there is no concept of single worldwide trademark.
Section 9- Absolute Grounds for refusal of registration (distinctiveness, devoid of distinctive character, not capable of distinguishing goods or services etc.) and/or
Section 11- Relative Grounds for refusal of registration (similarity/identity with earlier trademark already existing on the Trade Marks Register).
When an examination report is issued, a response must be filed within one month from the receipt of the examination report. In case of not responding within the due date, the application shall be “deemed to have been abandoned”. If the response filed is convinced by the Trademark Registrar, the application is advertised in the Trademarks Journal. But, if the Trademark Registrar has any further objections, the Applicant shall be called for attending show cause hearing.
If no objections as mentioned above, the trademark shall be advertised in the Trademark Journal.
It means that the Trademark registration has been accepted without any objection or with few objections and is published in the Trademark Journal and is also open to oppositions to be raised if any.
A third-party opposition is allowed by filing form TM_5 as per the Indian Trademark act, 1999. The third party can be in the same or different field of business than the field of the applicant’s business or company or an individual who feels that the registration of the proposed trademark is going to harm one’s business.
Trademark applications can be filed internationally under the Madrid Protocol. The Madrid Protocol is a WIPO administered treaty for filing international trademarks.
Under this, a single application can be submitted to protect the Trademark in the respective Madrid Protocol Countires (https://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=8).
The owner of the trademark (Proprietor) formally approves another party (licensee) to either make, distribute or both as per the agreement between the two
The ownership of Trademark does not affect with franchise Agreement.
In case of a franchise agreement, the franchisor having registered trademark must state the word marks/symbols in the agreement. Also, mention the prohibition the usage of the trademark by franchisee post-termination of the franchise agreement.
The trademark is abandoned.
