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Concept of trademark registration in India

In simple terms, trademarks are specific unique signs that are used to identify a particular company’s goods or services. It can be designs, pictures, signs or even expressions. This is important because it sets your products apart from the competition. It may be associated with your brand or product. Trademarks are brought under intellectual property and are therefore protected from infringement. Trademarks and their rights are protected by the Trademarks Act, 1999.

One has to register a trademark to get protection of trademark rights. It is important to register your trademark as it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help customers identify brand and brand value in one look.For example the tick sign logo for the Nike or the jumping wildcat for the Puma. Unlike patents, trademarks do not have a specific limitation period. Where a patent expires in 20 years the trademark registration expires after 10 years of its trademark registration in madurai, but unlike a patent, the trademark can be renewed for another 10 years. This process can take place indefinitely, which means it will not expire until you renew the trademark and continue under the protection of the law.

Aspects of trademark

Convention programs

To fulfill the obligations of any treaty, convention or arrangement with a country or countries that are members of a country or intergovernmental body that gives Indian citizens the same facilities as their own citizens, the Central Government designates such countries as convention countries. In the case of an application for trademark registration in Madurai made in any of the convention countries, a priority date may be claimed with respect to the application in India, provided that the application is made within six months of the application being submitted to the convention country. The Government has extended this privilege of priority to the members. It is done for ratifying the Paris Convention on the Protection of Industrial Property.

Madrid Protocol

The Parliament of India has passed the Trade Marks (Amendment) Bill, 2009 to implement special provisions. It is now relating to the protection of trademarks through international registration under the Madrid Protocol. According to the amendment bill, from the date of international registration of a trademark designated to India or from the date of recording in the register of international bureaus, the protection of trademark in India as a result of international registration of trademark will be the same as in India. The amendment bill is yet to be notified.

Classification of goods and services

For the purpose of classification of goods and services for registration of trademarks, India follows the international classification of goods and services (nice classification) published by the World Intellectual Property Organization (WIPO). For the purpose of classifying the rhetorical elements of virtue, India adheres to the Vienna Convention.

Anti-action

Anyone challenging an application for trademark registration can file within a period of 3 months (which can be extended to a period not exceeding 1 month) after the announcement of the trademark in the Trademarks Journal (which is available online at the Trade Online Register of Trademarks).

Renewal of registration

Initially the trademark is registered for a period of 10 years, which is calculated from the date of filing the application. And, in the case of convention application, from the date of priority. Registration must be renewed within 6 months from the date of termination of registration, i.e., renewals 10 years from or after the date of application.

Failure to renew a trademark within the maximum 1 year grace period given to the trademark for rescheduling and retrieval of the trademark automatically leads to the removal of the trademark from the registered trademark.

Trademark improvement

The aggrieved person may apply to the Registrar of Trademarks or to the Board of Intellectual Property Appeal (IPAB) for revocation or inspection of any condition entered on the register in this regard or for separation of trademark registration. .

An application for correction can also be filed to remove an entry in the register, to be left on the register without sufficient reason or incorrectly, and to correct any error in any entry in the register.

India recognizes the notion of “well-known trademark” and “trans-border reputation principle”. A well-known trademark in relation to any goods or services means a mark that has fallen into a significant segment of people who use such goods or receive services that use such mark in relation to other goods and services. It is likely to be taken to indicate the connection between the two marks.

The concept of trans-border reputation DongreVs. Whirlpool (1996) 5 ACC Indian Court recognized and debated the landmark case of SCC 714. Mark “WHIRLPOOL” is believed to have been associated with the Whirlpool Corporation in the minds of the people by distributing advertisements in magazines despite no evidence of actual sales. Therefore, the trademark WHIRLPOOL was considered to have gained a trans-border reputation, securing security in India, regardless of its actual user or registration.

 

Litigation

Litigation is a process of fighting for justice. It can take the form of revenge or it can sometimes prove to be your own right in the eyes of the legal world. Claims can be selected by an individual, organization, company, entity and any other person to claim a legal right. In this legal world, a variety of legal acts are committed with respect to civil, corporate, family, labor, criminal, tax department and many more. All of these legal acts are surrounded by litigation in case of any violation. Among the various acts and rules, the trademark claim is the highest and most acceptable lawsuit in this world of judicial competition.

As we all know about reputable and trademark convenience in the international market. This brings a sense of security and safety in the face of trademark infringement or any misuse by a third party. In todays, corporate world, every business house, even small businesses are with their unique and ethical trademark, to maintain their goodwill and reputation in the international market. Well, in order to protect this goodwill and reputation, your business brand must receive trademark registration to gain trust and assurance in the corporate world.