RESEARCH MANAGEMENT
PRSENTATION ON
Process for trademark registration
Prior art search
INTRODUCTION
TRADEMARK
In simple language, a Trademark (or Trade Mark) is a unique symbol
which is capable of identifying as well as differentiating products or
services of one organization from those of others.
The word Mark=‘ stands for a sign, design, phrase, slogan, symbol,
name, numeral,devise, or a combination of these.
Essentially, the Trademark is anything that identifies a brand to a
common consumer.
Key Elements of a Trademark:
Distinctiveness: A trademark should be unique and distinctive, making
it easily identifiable and differentiating it from others in the market.
Non-generic: Trademarks should not be generic terms commonly used to
describe the product or service itself. They need to have a level of
creativity and originality.
Non-confusing: A trademark should not create confusion with existing
trademarks. It should be unique enough to avoid consumer confusion
regarding the origin of goods or services.
REGISTRATION OF A TRADEMARK IS
NOT COMPULSORY
Although, registration of a Trademark is not compulsory, registration provides certain
advantages to the proprietor of the Trademark, such as:
The Trademark Act, 1999 deals with registration and prevention of fraudulent use of
trademarks. The Copyright Act, 1957 provides for the registration and protection of
copyright. Registration and protection of Industrial Design is administered by the
Design Act, 2000 and rules made there under
VALIDITY OF TRADEMARK
In india a registered trademark is valid for 10 years
The period can be extended for every 10 years
As per the Indian trademark Act, the renewal request is to be
filed in the form 'TM R' within one year before the expiry of
the last registration of the mark
Types of Trademark Registered In India :
Trademark can be a word that must be able to speak, spell and
remember.
It is highly recommended that one should choose the Trademark
like invented word, created words, and unique geographical
name.
To ensure all these characteristics in a Trademark, it is suggested
to conduct a market survey to ensure if a similar mark is used in
the market.
Any name including personal or surname of the applicant or
predecessor in business or the signature of the person e.g. the
Trademark 'BAJAJ' is named after industrialist Mr. Jamnalal Bajaj.
A word having no relevance to the product/services e.g. Trademark
'INDIA GATE' is being used for food grains and allied products.
Letters or numerals or any combination thereof e.g. 'YAHOO' is the
abbreviation of the phrase 'Yet Another Hierarchical Officious
Oracle'. It has now become a worldwide famous Trademark.
PRIOR ART SEARCH
A prior art search is a process of investigating existing
publications, patents, and other publicly available materials
to determine if an invention or innovation has already been
disclosed or used before. It helps inventors and patent
applicants assess the novelty and inventiveness of their ideas
before filing a patent application.
STEPS INVOLVED IN
TRADEMARK REGISTRATION
Prior Art Search: Ensure uniqueness before applying.
Application Submission: Apply solo or with an agent's help.
Application Number: Assigned within days, track online.
Examination: Scrutinized by professional examiner.
Publication: Details published in Trademark journal if in order.
Objection Period: Public can object within 90 days.
Grant: Certificate issued upon successful completion.
SUMMARY
Trademark is a unique symbol which is used for identifying and differentiating products and
services provided to that of other.
Trade registration is not compulsory, but it helps in legal protection, exclusive rights brand
recognition and asset creation.
To seek trademark registration, the propertier of the trademark has to fill an application, before it is
applied applicant need to a prior art search to ensure registration criteria.
The application will be assigned a particular number, this application will be reviewed by a
professional examiner
Once a trademark has been registered the public will have 90 days to file an objection
Prior art search, it helps in determining whether the intended trademark is already registered or not
Key elements of trademarks are
Uniqueness and distinctiveness
It should be creative and innovative
It should not be confusing with existing trademarks
