While choosing an apt trademark that can be registered might seem to be a long drawn process, it is actually very simple. The Trademarks Act, 1999, is the statute that lays down the laws for Trademarks in India. The vast majority of the evidence filed at the UK IP Office was use of the wording as a hashtag on social media. Any person can apply who claim to be the owner of the trademark. If another business attempts to register a domain name (that is, a Web address or URL) that is the same as your business name, you can seek relief in court to stop them. /Xinhua . You can register a trade mark to protect you in the UK, throughout the European Union, Internationally or in individual countries. What document will I receive after my trademark is registered? Whether "Gufang brown sugar" can be registered as a trademark depends on its compliance with relevant provisions of the trademark law. A trademark protects you from someone else stealing your idea. 9. Furthermore, trademarks which are generic (i.e. As it is clear what is a trademark and slogan it becomes important to see whether slogans can be within the meaning of Section 2(m) and 2 (zb) of Trademark Act which defines Trademark. Find out more. What can be registered as a trademark? There’s flexibility when it comes to the shapes a trademark can take. July 24, 2020 | Robert W. Zelnick |. If a trademark application is refused on grounds that the mark is incapable of indicating source, then an applicant will not be able to prevail over the rejection with evidence of acquired distinctiveness. By an 8-1 vote, the Supreme Court rejected a per se rule by the US Patent and Trademark Office (PTO) that a generic word followed by “.com” is necessarily generic and therefore ineligible for trademark protection. Intangible assets are assets which do not physically exist, but still have a value. You can trademark any word, image, logo, or slogan that you use to identify your brand and your products. Why Register Your Trademark? Trademark Register. Supreme Court: BOOKING.COM Can be Registered as a Trademark . Your application must meet many legal requirements before your trademark can be registered . For starters, you can't register a trademark which already exists. What Can you Register as a Trademark? Interestingly, you do not need a federally registered trademark to prevent a competing business from using your business name in its website address. your beer company can't trademark the term "Microbrew"). As the full detailed above there are several methods that a trademark can take. This highlights the importance of filing an application for your trademark as early as possible. A trade mark can be your most valuable marketing tool. The trick is to be conversant with what cannot be registered. However, if you combine the name with something else, for example, JOHN SMITH’S ACCOUNTING, it will become registrable. 5/8/2016 0 Comments Name, word, symbol, color, phrase, shape, signature, letters, slogans, surname, packaging can be trademarked which rightly gives an unique image of the company, brand or individual that separates the product or services of one trader from the other. The answer is definitely yes but with some qualifications. A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. /Xinhua "Gufang" brown sugar. A Trademark, to be capable of registration, must satisfy the following essential conditions: Posted In Trademarks. The first successful application for a sound mark was registered in 1978 and was filed by NBC, one of the country's largest media conglomerates. It should be distinctive and express something more than the characteristics or qualities of the goods or services you intend to use it for - we call it "distinctiveness." "Gufang" brown sugar. On the other hand, if your trademark is not registered through the USPTO, you can use the ™ symbol to signify common-law rights in a trademark, similar to the way copyright law works. In practice this is very rare. The brand name can be prevented from unauthorized people or infringement when we register a trademark. U.S. Patent and Trademark Office et al. The trademark owner can be an individual, business organization, or any legal entity. They key is that the concept you want to trademark has to be distinctive. World Trademark Review In practice, 99% of registered trademarks belong to categories 1 (word marks) or 2 (device marks). Can a registered trademark help me get finance? A trademark can be protected in following ways- The trademark can be registered under the common law of trademark protection. This sort of trademark can only be registered after permission has been granted by the state or organization in question. The application for trademark files within a few days and you can start using “TM” ( for goods) or “SM” (for services) symbol. Example of a trademark registration certificate from the USPTO. You can register your trade mark to protect your brand, for example the name of your product or service. 07/31/2014 12:08 pm ET Updated Sep 30, 2014 The short answer is yes, but that wasn't always the case. In this case,™ is used for goods, whereas ℠ is used for services. In Canada, while you can use your personal name as a trademark, as a general rule, you can’t register a trademark that consists only of your full name or your last name. The Trademarks Act (1999) makes this easy by dividing what cannot be registered into two grounds: absolute grounds of refusal (Section 9) and relative grounds of refusal (Section 11). Is your trademark federally registrable? The trademark symbol figures prominently on many items, yet many of us do not fully understand what types of signs are eligible for protection under trademark law. It is your business identity that helps you promote your products or services. Benefits of a trade mark. When can a slogan be registered as Trademark. Ensure your trade mark is used in the correct way. What can be registered as a Trademark? The Supplemental Register would not be available for matter that fails to function as a mark. You can protect it only if you register your trademark for business. 8. Can you identify the proper filing basis for your application? However, it is also true that not all signs can … All trademark applications are reviewed and compared against the Canadian Trademark database of registered trademarks and pending trademark applications. In some countries it is against the law to use the registered trademark symbol for a mark that is not officially registered in any country. 6. Who can register trademark? It cannot be ruled out that a registered trademark may trump a common law user. It is the mark that identifies your goods or service to consumers, so incorrect use could harm your reputation. Using sound as a unique identifier for a brand hasn't been a marketing tool for very long. For example, JOHN SMITH or SMITH would not be registrable. As a matter of fact, the trademark can be registered only in case the trademark is being used by the person or company, or if it is about to be used in the future. This case shows that social media use of a hashtag can assist in proving acquired distinctiveness. (hereinafter referred to as "Defendants") whereby it was alleged by the Plaintiff that the Defendants had committed infringement of its registered Trademark by using the mark 'Kaka-Ka' for food outlets in Nashik, Maharashtra. In accordance with the trademark law of Sint Maarten, these marks have to be rejected for registration by the BIP SXM. Can you properly identify your goods or services? However, the situation is different with the current COVID-19 epidemic, as registering trademarks with epidemic-related words can hardly be seen as moral, let alone legal. the term "Hot Dogs" for your bratwurst company) aren't allowed; neither are descriptive terms which convey important features of your product (i.e. 10. The new Act has enormously increased the scope of registerable marks, as whatever is not prohibited from registration is registerable, if it satisfies the requirements of Section 2 viz. By Robert Zelnick on July 15, 2020. An otherwise registrable trademark may be refused if it is the same or similar to a registered or pending trademark. Depending on how much value your registered trademark has, you can potentially use it as security for a loan or mortgage. A Trademark is a distinctive sign or an indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. What can be approved as a registered trademark. A person can be proprietor, individual, company or legal entity. In order to register the trademark Wyke Farms had to provide evidence that the mark had acquired distinctiveness through use. Although the Intangible Cultural Heritage Law of China was promulgated in 2011, it focuses more on the protection and inheritance of ICH by administrative means, such as setting up an … Trademark: A trademark is a recognizable insignia, phrase or other symbol that denotes a specific product or service and legally differentiates it from all other products. The trademark should ensure that consumers recognise it as offering a particular product or service. Can I patent an idea of a new invention ? A registered trademark gives the owner exclusive rights to the use of that mark and the right to take legal action against anyone infringing upon it. It could also be a jingle, your registered business name painted on the side of your truck or even a scent. When you register your trade mark, you’ll be able to: Your trademark identifies you to consumers. A mark must be unique to your business. 7. Through this, the applicant will be able to prevent others from using his mark if he can show that he used it first, but his trademark rights may be limited to the geographic areas where he carries out his business. Unregistered trademarks can instead be marked with the trademark symbol, ™, while unregistered service marks are marked with the service mark symbol, ℠. A trademark can only be registered if it can be used to differentiate your goods or services from those of others. The trademark is contrary to public policy or accepted principles of morality. However, if the trademark is registered and it is not used by the person or his/her consent within 3 years of registering it in Hong Kong, it could be revoked by the government on the ground of non-use. What is considered as a trademark under the trademark … In such cases the sound may be regarded as a trademark and eligible for registration (in the form of a musical stave). Image source: Gerben Law Firm. Supreme Court: “Booking.com” Can Be Registered as Trademark. Examination process. Registered Trademark Vs Unregistered Trademark. This article will state the basic requirements for trademark registration before outlining the different types of signs that one can register … One of the most appealing benefits of registering your company name as a trademark is that it provides you with an intangible asset. When many people think of a trademark … Will the Trade Marks Registry advise me whether my trademark can be registered? Find out more. A suit for infringement of registered trademark was preferred by Arun Chopra (hereinafter referred to as "Plaintiff) against Kaka-Ka Dhaba Pvt Ltd & Ors. Can You Trademark a Sound? The Principal Register provides the trademark owner the greatest protection, including a presumption that the trademark is valid; the registrant owns the mark; and the registrant has the exclusive right to use the mark. 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