Definition of Trade Mark

Trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Sign

any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof.

Collective Mark

A collective mark shall be a sign distinguishing the goods or services of members of the association which is the proprietor of the collective mark from those of other undertakings.

Certification Mark

A certification mark shall be a sign indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

NON-REGISTRABLE TRADE MARK

  1. Prohibited Marks
    If the use of which is likely to confuse or deceive the public or contrary to law.
  2. Scandalous or Offensive Matter
    If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.
  3. Prejudicial to the Interest or Security of the Nation
    Registrar bears the responsibility of determining the trade mark, whether it might be prejudicial to the interest or security of the nation. It may be that a mark contains an inflammatory statement or words.

FUNCTIONS OF TRADE MARK

  1. Origin – A trade mark helps to identify the source and those linked for the products and services trade in the market.
  2. Choice – A trade mark assists consumers to choose goods and services with ease.
  3. Quality – Consumers define a certain trade mark for its known quality.
  4. Marketing – Trade mark play a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.
  5. Economic – Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.

IMPORTANCE OF TRADE MARK REGISTRATION

Intellectual Proprietary privileges in relation to a trade mark may be established through actual use in the marketplace and registration provides for:

  1. Exclusive Rights – Registered trademarks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
  2. Legal Evidence – Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership.  A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.    

Exclusive Right of Trademark

The Exclusive Trademark right refers to the exclusive right of the trademark owner to use his trademark in transactions. According to trademark law, a trademark owner can take legal action against others who use his trademark without his consent. In addition, a trademark owner can take civil action under the Trademark Law or file a complaint with the law enforcement agency to take appropriate action.

Sign

It can be anything, any shape or form of product or any combination of its packaging.

Importance of trademark registration

Why is trademark registration important? You can avoid unnecessary makeovers of the trademark. Since rebuilding a new trademark requires a large investment in marketing, the risk of other companies registering trademarks clandestinely increases if there is no suitable name, symbol, or trademark to use in registering trademarks. Second: create value. Not only can trademark registration improve security, it can add value to any company merger or franchise. Third, avoid competition. It is important to ensure that the company is free from competition. Unauthorized use of someone else’s trademark can damage your trademark, reputation, and business. These acts can prevent the other party from further harm in legal proceedings.

  • Exclusive Right of Trademark
  • The trademark owner’s exclusive right to use his brand in transactions is referred to as the Exclusive Trademark Right.
  • Sign
  • It might be any product, in any shape or form, with any combination of packaging.
  • Importance of trademark registration
  • Because constructing a new trademark necessitates a significant marketing expenditure, the possibility of other corporations secretly registering trademarks rises if there is no acceptable name, symbol, or trademark to utilise in trademark registration.

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