A trademark is a distinctive sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders. It ensures that the owner of the trade mark have the exclusive right to use them or to authorize others in return of payment to identify the goods and services. trade mark is legally enforced by the court.

Applicability

It is applicable on all the industries. It is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. Trademarks which are considered offensive are often rejected according to a nation's trademark law.

Process of registration of trade mark

First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. Upon filing of the application, the registry will issue us with an official receipt with the filing date and number allotted to the application. The application is then formally examined by the Indian Trade Marks Office, to check whether the trade mark is similar to existing marks. If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used. If in the examination, the trade mark application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.

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