Trademark refers to any mark that can be graphically represented and distinguishes the goods or services of one business from another. Trademarks can include:
Letters, words, names, signatures, numbers
Logos, brands, titles, labels, tickets
Shapes of goods or their packaging
Colors, sounds, smells, holograms, positions
Motion sequences or any combination of the above
Collective Mark indicates goods or services of members of an association that owns the collective mark, distinguishing them from other enterprises. Certification Mark is sed to certify specific qualities like origin, materials, manufacturing methods, performance standards, or accuracy authorized by the mark owner.
The duration of Trademark Protection is valid for 10 years from the date of registration and it is renewable every 10 years. Multi-class Application is a single application that covers goods and services from multiple classification classes. It is divided into two types:
Division of Application:
A request to divide a single trademark application into two or more separate applications for registration.
Merger of Applications:
Two or more separate applications or registrations can be merged into a single application upon request.
Prohibition on Trademark Registration
Deceptive or Confusing: If the trademark misleads or confuses the public or conflicts with the law.
Scandalous or Offensive: If the mark contains scandalous or offensive material.
Harmful to National Interests or Security: The registrar can refuse registration if it is deemed harmful to national interests or security.
Functions of Trademarks
Source Identification: Indicates the responsible party for the production or sale of goods or services.
Selection Function: Assists consumers in choosing products or services.
Quality Function: Represents the perceived quality of products or services.
Marketing Function: Effective advertising tool that influences consumer purchasing through consistent branding.
Economic Function: Established trademarks become valuable assets, which can be licensed or franchised.
Importance of Trademark Registration
The privilege of registering intellectual property in trademarks is through use in business dealings and is provided for:
Exclusive Rights: Registered trademark owners have the exclusive right to use the mark in trade. They can take legal action against unauthorized use.
Legal Proof: The registration certificate from the Registrar's Office is legal proof of ownership, accepted in courts and by enforcement agencies. It is essential for proving the legitimacy of trademark ownership when exporting goods internationally.