The trademark symbol figures prominently on many items, yet many of us do not fully understand what types of signs are eligible for protection under trademark law. The new Act has enormously increased the scope of registerable marks, as whatever is not prohibited from registration is registerable, if it satisfies the requirements of Section 2 viz. Furthermore, trademarks which are generic (i.e. It should be distinctive and express something more than the characteristics or qualities of the goods or services you intend to use it for - we call it "distinctiveness." A trade mark can be your most valuable marketing tool. the term "Hot Dogs" for your bratwurst company) aren't allowed; neither are descriptive terms which convey important features of your product (i.e. One of the most appealing benefits of registering your company name as a trademark is that it provides you with an intangible asset. Unregistered trademarks can instead be marked with the trademark symbol, ™, while unregistered service marks are marked with the service mark symbol, ℠. It is your business identity that helps you promote your products or services. 7. Intangible assets are assets which do not physically exist, but still have a value. The trademark should ensure that consumers recognise it as offering a particular product or service. Can you identify the proper filing basis for your application? In accordance with the trademark law of Sint Maarten, these marks have to be rejected for registration by the BIP SXM. In practice this is very rare. All trademark applications are reviewed and compared against the Canadian Trademark database of registered trademarks and pending trademark applications. It could also be a jingle, your registered business name painted on the side of your truck or even a scent. By an 8-1 vote, the Supreme Court rejected a per se rule by the US Patent and Trademark Office (PTO) that a generic word followed by “.com” is necessarily generic and therefore ineligible for trademark protection. 8. As it is clear what is a trademark and slogan it becomes important to see whether slogans can be within the meaning of Section 2(m) and 2 (zb) of Trademark Act which defines Trademark. The Trademarks Act (1999) makes this easy by dividing what cannot be registered into two grounds: absolute grounds of refusal (Section 9) and relative grounds of refusal (Section 11). July 24, 2020 | Robert W. Zelnick |. When many people think of a trademark … A person can be proprietor, individual, company or legal entity. This highlights the importance of filing an application for your trademark as early as possible. Find out more. What document will I receive after my trademark is registered? A trademark can only be registered if it can be used to differentiate your goods or services from those of others. They key is that the concept you want to trademark has to be distinctive. What can be approved as a registered trademark. A mark must be unique to your business. While choosing an apt trademark that can be registered might seem to be a long drawn process, it is actually very simple. However, if you combine the name with something else, for example, JOHN SMITH’S ACCOUNTING, it will become registrable. A Trademark is a distinctive sign or an indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. For example, JOHN SMITH or SMITH would not be registrable. Why Register Your Trademark? 5/8/2016 0 Comments Name, word, symbol, color, phrase, shape, signature, letters, slogans, surname, packaging can be trademarked which rightly gives an unique image of the company, brand or individual that separates the product or services of one trader from the other. 6. Who can register trademark? A trademark refers to any ‘sign’ that is used to distinguish the goods or services from one trader to another. Whether "Gufang brown sugar" can be registered as a trademark depends on its compliance with relevant provisions of the trademark law. Supreme Court: “Booking.com” Can Be Registered as Trademark. In such cases the sound may be regarded as a trademark and eligible for registration (in the form of a musical stave). U.S. Patent and Trademark Office et al. A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. By Robert Zelnick on July 15, 2020. You can trademark any word, image, logo, or slogan that you use to identify your brand and your products. In this case,™ is used for goods, whereas ℠ is used for services. Trademark Register. However, the situation is different with the current COVID-19 epidemic, as registering trademarks with epidemic-related words can hardly be seen as moral, let alone legal. Through this, the applicant will be able to prevent others from using his mark if he can show that he used it first, but his trademark rights may be limited to the geographic areas where he carries out his business. Ensure your trade mark is used in the correct way. This sort of trademark can only be registered after permission has been granted by the state or organization in question. The laws and systems are evolved, and now it is easily possible to register a trademark and also it becomes mandatory to carry on trade akin to other trade licenses. World Trademark Review You can register your trade mark to protect your brand, for example the name of your product or service. Examination process. Is your trademark federally registrable? Benefits of a trade mark. However, it is also true that not all signs can … The Trademarks Act, 1999, is the statute that lays down the laws for Trademarks in India. Posted In Trademarks. As the full detailed above there are several methods that a trademark can take. Can you properly identify your goods or services? What can be registered as a Trademark? In Canada, while you can use your personal name as a trademark, as a general rule, you can’t register a trademark that consists only of your full name or your last name. When you register your trade mark, you’ll be able to: The trick is to be conversant with what cannot be registered. The vast majority of the evidence filed at the UK IP Office was use of the wording as a hashtag on social media. Will the Trade Marks Registry advise me whether my trademark can be registered? As a matter of fact, the trademark can be registered only in case the trademark is being used by the person or company, or if it is about to be used in the future. There’s flexibility when it comes to the shapes a trademark can take. The Supplemental Register would not be available for matter that fails to function as a mark. /Xinhua "Gufang" brown sugar. The trademark owner can be an individual, business organization, or any legal entity.