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.    

How to apply for a trademark?

Trademark agents can be found easily, but the IP Xpert team only provides reliable services and consulting. We will provide customers with competitive and affordable services according to current and market trends and conditions.

Certification Mark

The Certification mark on a commercial product indicates the existence of acceptable product standards or regulations and claims that the manufacturer has verified compliance with these standards or regulations. For example, some products have health certification marks. Some certification marks indicate origin, materials, mode of manufacture or service performance, quality, accuracy or other characteristics.

Importance of trademark registration

Why is trademark registration important? It can avoid unnecessary brand remodeling. Because rebuilding a brand-new brand requires a lot of marketing expenses, if there is no appropriate name, symbol, or brand for trademark registration, it will increase the risk of other enterprises secretly registering trademarks. Second, establish value. Trademark registration can not only improve security but also enhance value in any merger or franchise of enterprises. Third, prevent competition. It is vital to ensure that the business is free from competition. Unauthorized use of another person’s trademark may damage its brand, reputation, and business. These acts can prevent the other party from further damage through legal procedures.

  • How to apply for a trademark?
  • Trademark agents are easy to get by, but the IP Xpert team only offers trustworthy services and advice.
  • Certification Mark
  • The presence of approved product standards or rules is indicated by the Certification mark on a commercial product, which says that the producer has confirmed conformity with these standards or regulations.
  • Importance of trademark registration
  • What is the significance of trademark registration? It can help you avoid having to rebrand your company.

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APPLYING FOR A TRADEMARK?

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