1. What is a trademark?

A trademark, commonly known as a brand name, is a visual symbol—such as a word signature, name, device, label, numerals, or combination of colors—used by a business on goods, services, or other articles to distinguish them from similar offerings by different businesses.

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2. How to select a trademark?

• Choose a word that is easy to speak, spell, and remember.

• Consider using invented or coined words.

• Avoid geographical names, as they cannot be monopolized.

• Steer clear of laudatory words or descriptions of product quality.

• Conduct a market survey to ensure uniqueness.

 

3. What is the function of a trademark?

In modern business, a trademark serves four key functions:

• Identifying the origin of goods or services.

• Guaranteeing consistent quality.

• Advertising the goods or services.

• Creating an image or brand identity.

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4. Who can apply for a trademark and how?

Any individual claiming ownership of a trademark, either in current use or intended for use, can apply for registration. The application should include details such as the trademark itself, goods or services, applicant's name and address, and signature, and it must be filed in English or Hindi at the appropriate office.

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5. How to apply for a trademark in respect of particular goods or services?

Goods and services are classified according to international standards. The Registrar determines the appropriate class for specific goods or services. Detailed descriptions are available in international classifications or through local office assistance.

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6. What are the different types of trademarks available for adoption?

Various types of trademarks include invented words, letters or numerals, devices, colors, shapes, sounds, and 3-dimensional signs.

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7. What purpose does the trademark system serve?

• Identifying the origin and authenticity of goods and services.

• Stimulating consumer purchases and loyalty.

• Enabling lifestyle or fashion statements.

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8. Who benefits from a trademark?

• Registered proprietors can prevent unauthorized use, seek damages, and protect their brand.

• The government earns revenue through trademark registrations.

• Legal professionals assist clients with trademark applications.

• Purchasers and consumers benefit from consistent quality and brand identity.

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9. What are the benefits of registering a trademark?

Registration grants exclusive rights to use the trademark, indicated by the ® symbol, and enables legal action against infringement. However, rights are subject to conditions specified in the register.

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10. What are the sources of trademark laws?

Trademark laws derive from national statutes, international conventions, bilateral and regional treaties, court decisions, office practices, and academic writings.

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11. What does the Register of trademarks contain?

The electronic register includes details such as the trademark, class, goods/services, proprietor's address, convention application date, and any agreements with earlier rights holders.

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12. Can corrections be made in the application or register?

Yes, with certain limitations to maintain the trademark's identity, as detailed in applicable rules.

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13. Can a registered trademark be removed from the register?

Yes, upon application to the Registrar or by the Registrar's initiative if the mark is wrongly registered or maintained.