What Is a Trademark Law? Guide to Becoming a Lawyer!
A trademark is a unique symbol or word used to represent a business or its final products. Once registered, that same symbol or series of words of such activity cannot be used by any other organization or manufacturer as long as it remains in use, and proper paperwork and fees are paid. Unlike patents, which are granted for 20 years, trademarks never end.
A trademark is a sign or symbol that is used to identify business? goods or services from those of other enterprises. It can also be established by long-term use as representing a company or its product.
An enterprise makes extensive use of Trademarks to reach customers by enabling them to identify and locate the product. The National office issues trademark and is granted for 10 years and maybe renewed indefinitely.
Criteria for grant of a trademark-
- The mark that has been selected should be proficient to be represented graphically (that is in the paper form).
- It should be capable of differentiating the goods or services of one from those of others.
- It should be used or recommended to be used concerning goods or services to indicate a connection in the course of trade, allying the goods or services and the person that has the authority to use the mark.
The Trademark Act, 1990-
The law of trademark deals with the procedure of registration, protection of trademark and prevention of fraudulent trademark. The law also provides for the rights obtained by registration of a trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such violation, and remedies available to the owner in case of such violation.
Registration of Trademarks-
Any Person means a Partnership firm, an association of persons, a company, whether incorporated or not, a Trust, Central or State government. Steps for registration of trademark-
- Search for the name, device, logo, and mark intended to be applied as a trademark.
- Apply for registration of a trademark.
- Examination of application by the registry. Examination Report issued by the registry raising objections under various sections of the Trademark Act, 1999.
- Replying to the official objections and, if required, ask for a hearing. The applicant needs to file evidence in support of the trademark application protection against the infringement of Trademarks.
Under section 29 of the Trademark Act, 1999, the use of a trademark by a person who not being registered proprietor of the trademark or a registered user thereof which is identical with, or deceptively similar to a registered trademark amounts to the infringement of trademark and the registered proprietor can take action or obtain relief in respect of infringement of trademark.