From ancient times human beings have been under the process of creating and innovating things, during pre-historic period man had made stone, jewellery, hunting materials, vessels etc, when spirituality started to sprout up he made figurines of gods and goddesses. Originally, marks were placed on objects to identify ownership and to deter would be thieves. By this way the ancient people tried to control low quality goods, and as the maker of the product was identified automatically the infringes were punished.
A trademark is any sign that individualises the goods of a given enterprise and distinguishes them from goods of its competitors. Marketing of a particular good or service by the producer is much better off as by trademark because recognition becomes easier and quality is assured. The owner of the mark can prevent the use of similar or identical signs by competitors if such marks can lead to confusion. By this way similar low quality substitutes will be prevented from replacing good quality ones.
Trademark Act 1999; this was done by the Government of India so that the Indian Trademark Law is in compliance with the TRIPS obligation on the recommendation of the World Trade Organisation. The object of the 1999 Act is to confer the protection to the user of the trademark on his goods and prescribe conditions on acquisition, and legal remedies for enforcement of trademark rights.
Trade Mark has been defined in the Trademarks Act 1999 as follows
“trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
Necessity of trade mark registration
It gives the unique representation to your goods/Services. No one other than its’ owner can use this symbol. Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. Registration provides greater Protection. Registering a trademark deters others from using the same. Registration a trademark provides greater remedies to the owner of that.
Registration Procedure of a Trade Mark
Step 1. Search your symbol is available to register to you or not.
Online search for aavailability.
Draft an application as per the norms/format.
Step 2. Filing of Application to the concerned Department with the applicable Fees. After that You find TM number.
Step 3. If any objection receives, after that we have to file reply to the department. If the department would be satisfied with the reply then the trade mark will be registered.
Step 4. Any objection raised from any Person, the office will ask clarification from both the parties and if necessary the hearing will be fixed and then the office will decide in one’s favour.
Note:- If the trade mark is refused by the office then one can appeal to the High Court .