TRADEMARKS

DEFINITION
A trademark, trade mark, or trade-mark is a distinctive sign or indicator, used by an individual, business organization, or other legal entity, to identify that the products or services with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

What does a trademark do?

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement. In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit.

What kinds of trademarks can be registered?

The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.

In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. . Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. Certification marks are given for compliance with defined standards, but are not confined to any membership.

REPRESENTATION
A trademark may be designated by the following symbols: (for an unregistered trademark, that is, a mark used to promote or brand goods) (for an unregistered service mark, that is, a mark used to promote or brand services) (for a registered trademark)

How is a trademark registered?

IN INDIA: The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules there under. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

INTERNATIONAL
The system of international registration of marks is governed by two treaties: The Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on December 1, 1995, and came into operation on April 1, 1996. Common Regulations under the Agreement and Protocol also came into force on that date. The system is administered by the International Bureau of WIPO, which maintains the International Register and publishes the WIPO Gazette of International Marks

EXPENCES
The international application is subject to the payment of the following fees: a basic fee; a complementary fee in respect of each designated Contracting Party for which no individual fee is payable; a supplementary fee in respect of each class of goods and services beyond the third; no supplementary fee is payable however where all the designations ones in respect of which an individual fee has to be paid. DURATION: An international registration is effective for 10 years. It may be renewed for further periods of 10 years on payment of the prescribed fees.