Planning to file do trademark registration but would like to know more about it before taking the plunge? Here are a few pointers.
- An entrepreneur might decide on a trademark that is catchy and best represents his business/goods/services. Unfortunately what needs to be kept in mind from the legal perspective is that the mark would easily overcome hurdles and acquire registration if it shows no connection with the business/goods/services, even better, if it is a coined mark.
- The trademark registration process does not end with filing the application, but marks the beginning of the various stages leading to the final stage of registration.
- It is not necessary that a trademark should already have been “used” in connection with a business when applying for registration. A mark can be applied on a ‘proposed to be used’ basis. Having said this, it is also important to note that it is imperative to use the mark in the future, as a registered mark could be cancelled for non-use under certain circumstances.
- A trademark registration remains valid for ten years after which it requires to be renewed every ten years to retain it.
- Last but not the least, Trademark and Copyright are two different concepts(intellectual properties, to be precise)governed by two different laws, namely the Trademark Act 1999 and the Copyright Act, 1957. When a mark is used in relation to a business/goods/service, it is prudent to get the same registered under the Trademarks Act, 1999.
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
Madras High Court quashes patent refusal: Upholds fairness and reasoned decision-making
The appellants, Intervet International B.V. and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents &…
Personality Rights – Is it enough to protect us from AI?
Recently, many popular actors in our entertainment industry have been victims of very convincing Deepfake videos inciting widespread alarm all…
Trademark Dilution – All Dolled Up
If you, like me, were a kid of the 90s, you would instantly recall the hit song from being played to death on the radio and at every other birthday…
