What is a Trademark? Why and who can apply for trademark registration?

What is a Trademark?

A trademark is a brand name. A trademark also called service mark covers any word, name, symbol, word, name, symbol, device, or, any combination or expected to be utilized to recognize and differentiate the goods/services of one dealer or supplier from those of others and to demonstrate the source of the products/services. 

Why and who can apply for trademark registration?

Any Business holder/Owner who claims to be the owner of a trademark (a particular logo, Symbol, Image, Slogan), he/she need to submit the application mentioning the related goods and services connected with the company.

REGISTRATION PROCESS

The Trademark registration is done on the premise of NICE classification of goods and services, are arranged in 45 classes. The registration gives upon the owner, the selective ideal to utilize the registered trademark and indicate so by utilizing the Symbol R in a circle allows appropriate to seek the support of infringement, going off with recovery damages if the trade.

Period OF REGISTRATION

The term of registration of Trademarks is for a time of ten years. After the expiry of the term, it can be again resumed for the advance time of 10 years. Mark is falsely used or imitated copied. According to the statute, the procedure of registration completes in a year and a half.

Type of Trade Marks

A trademark includes a brand, heading, label, word, logo, slogans, signature, device, letter, numeral name written in a specific style, the state of products, or any mixture thereof or a combination of colors and domain name connected to both goods and services.

1. Product mark.

2. Collective mark.

3. Servicemark.

4. Shape mark.

5. Pattern mark.

6. Sound mark.

7. Certified mark.

Selecting a good trademark

It is very essential to choose a trademark carefully. A trademark represents your brand name, your product. Therefore, before adopting a new trademark, keep in mind a few things like scope of legal protection you would obtain depends on the selected trademark by you. There are certain mistakes done while choosing a trademark the most common is to choose a word that is illustrative of the goods or services. The perspective behind choosing this angle is their thought that the consumer will know exactly about the product is or the service given. It is hard to convey with the detailed trademark. The same result can easily be achieved by linking a notable and foreign trademark. Thus, trademark protection is very important. However, it would be difficult to stop your opponents from using the same or similar trademarks in the long run. 

Do I have to hire an attorney when filing to register my trademark?

Yes, you need a lawyer if your case is complex but if your case is simple you need his Stamp. So in both cases, a trademark Registration consultant performs the main role.