Although the basic concept of
trademark is quite clear to most of you, yet I get an ample number of queries
on other facets of trademarks. To begin
with, a lot of people have a common dilemma on the following:
Territoriality: Trademarks
are territorial in nature i.e. a trademark registered in country X, will give
protection to the mark in country X only and not in country Y. Although their
may be incidences when a Mark has attained certain popularity or recognition amongst
global consumers i.e. Well Known Marks. In that case as per Paris Convention
and TRIPS agreement, the mark may acquire protection even without registration in
respective countries.
International Registrations: If you wish to register your mark at international
destinations, you may either file a TM application individually at each national
office or you may exercise an option of filing a single centralized application
through Madrid
system provided that your country of domicile or commercial establishment is a
contracting party under the system.
Duration: Trademarks shall be renewed in order to remain in force.
Generally after subsequent interval of ten years for most countries, although this may
differ from country to country.
Need: It is
upon you to register the mark officially. Although you may use your respective
mark without any obligation to first register it. But looking at the current scenario
where stringent competition leads to potential infringement of marks or brand
names, it is advisable to formally register it. Registration gives you a
formal edge in proceedings against future infringements.
Service or Trademark: Don’t be perplexed on the idea of which mark
to register. It is fairly simple, service marks are trademarks used to identify
services rather than products. Hence, if you have a service associated with
your business , you may go for registering a service mark.
Certain Quality Goods: In
case, your products confer a certain quality, you may register for the
certification marks. These marks are accredited by national organizations which
are specialized for testing the quality of such products and confirming whether
they qualify the set standards.
Collective Marks: These marks are primarily owned by associations or
organizations which identify certain characteristics of goods and services i.e.
quality level, geographical origin, accuracy, etc. Unlike trademarks, collective
marks can be used by all members or enterprises adhering to such
associations or organizations.
Is it for the logos and symbols only: Not really. Infact with the recent
advancements, certain countries may register a sound or a smell mark. Even the shape
of goods, combination of colors, packaging or any other combination can be
registered for trademark or trade dress protection in certain countries.
I hope we have provided answers
to an initial set of queries which you might consider while registering your trademark.
