This sort of trademark can only be registered after permission has been granted by the state or organization in question. Examination process. When you register your trade mark, you’ll be able to: 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. World Trademark Review In such cases the sound may be regarded as a trademark and eligible for registration (in the form of a musical stave). 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. 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. 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. 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. What Can you Register as a Trademark? 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. The laws and systems are evolved, and now it is easily possible to register a trademark and also it becomes mandatory to carry on trade akin to other trade licenses. The trick is to be conversant with what cannot be registered. 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. You can protect it only if you register your trademark for business. Furthermore, trademarks which are generic (i.e. 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. While choosing an apt trademark that can be registered might seem to be a long drawn process, it is actually very simple. Can a registered trademark help me get finance? Registered Trademark Vs Unregistered Trademark. Your trademark identifies you to consumers. The trademark should ensure that consumers recognise it as offering a particular product or service. In this case,™ is used for goods, whereas ℠ is used for services. You can register a trade mark to protect you in the UK, throughout the European Union, Internationally or in individual countries. Image source: Gerben Law Firm. 10. A person can be proprietor, individual, company or legal entity. The trademark owner can be an individual, business organization, or any legal entity. /Xinhua . Is your trademark federally 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. The brand name can be prevented from unauthorized people or infringement when we register a trademark. This article will state the basic requirements for trademark registration before outlining the different types of signs that one can register … Intangible assets are assets which do not physically exist, but still have a value. Posted In Trademarks. Benefits of a trade mark. Trademark Register. 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. It is your business identity that helps you promote your products or services. This case shows that social media use of a hashtag can assist in proving acquired distinctiveness. Can you identify the proper filing basis for your application? your beer company can't trademark the term "Microbrew"). What can be approved as a registered trademark. What document will I receive after my trademark is registered? 7. 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. In practice this is very rare. 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. A suit for infringement of registered trademark was preferred by Arun Chopra (hereinafter referred to as "Plaintiff) against Kaka-Ka Dhaba Pvt Ltd & Ors. A trademark can only be registered if it can be used to differentiate your goods or services from those of others. In practice, 99% of registered trademarks belong to categories 1 (word marks) or 2 (device marks). Any person can apply who claim to be the owner of the trademark. Supreme Court: “Booking.com” Can Be Registered as Trademark. What is considered as a trademark under the trademark … This highlights the importance of filing an application for your trademark as early as possible. The Trademarks Act, 1999, is the statute that lays down the laws for Trademarks in India. (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. However, if you combine the name with something else, for example, JOHN SMITH’S ACCOUNTING, it will become registrable. Why Register Your Trademark? 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. A mark must be unique to your business. Example of a trademark registration certificate from the USPTO. For starters, you can't register a trademark which already exists. However, it is also true that not all signs can … Supreme Court: BOOKING.COM Can be Registered as a Trademark . 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. 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. One of the most appealing benefits of registering your company name as a trademark is that it provides you with an intangible asset. Your application must meet many legal requirements before your trademark can be registered . July 24, 2020 | Robert W. Zelnick |. 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." 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