Important points to know about trademark registration
Some important points which are ancillary but vital for understanding the procedure for trademark registration are specified first.
Similar Trademark / Different Properties
A trademark likes rights in favour of goods/services which it is used or registered and not in recognition of all goods and services. So, the trademark is assigned as well known. Different combinations and amalgamation for use of trademark are possible in favour to different goods or services and also in favour of various countries depending on procedure. The same trademark registration for goods in many classes may also be gained. There is a chance of various properties for a same trademark, one must be already registered for a group of goods or services. Another person might be registered the same trademark which nearing goods or services.
There is a chance of prior rights or concurrent rights in a mark, when same trademark is used for similar goods. The chance of same trademark improves, if the goods or services are varied, but a possibility improves more, the countries of trademark works are completely different.
Treatment of registration expenses
The nature of cost in trademark registration for chances of taxation is improved as proceeds as disbursement. An amount is caused in registration is not capital amount. The court had held that the trademark registration is only an extra benefit. It also held that only because of registration. A trademark can be severally allowed and not as part of the goodwill of the business. It does not create the cost of a capital amount. So, a person needs a trademark from somebody against matters which the amount paid is be a capital amount.
Important points of trademark registration as associated trademark or series
A trademark part can be registered individually in addition to the entire trademark registration. Various registration of such part is possible only, if that part meets the trademark definition in its own right in section 2(1). Such a different trademark has to fill all the provisions assigned to and should have all the events of a separate trademark.
The registrar made an application for registration by the owner who maintains to be allowed to the entire use of such trademark part as a different trademark. The entire trademark and the part of it registered as a different trademark are to be registered in the same owner are considered to be as associated trademarks.
Trademark registration in a series
- Different trademarks may be registered as a set in one registration in favour of the similar or same goods or services in the same owner name.
- There is a need that such trademarks should look like each other in material specifics, but may vary in favour of
- The goods or services in part to which they are severally used or declared
- Quality, number, name of places or price
- Colour of your logo
- Other matter of non-dispersive parts which does not mainly affect the trademark name.
- Such these kinds of trademark registered as a set in one registration will be considered to be similar trademarks and also registered as same trademarks.
Registration of identical trademark by same owner
Where there is a registered trademark or a request is made for trademark registration in favour of any goods or services in same owner in whose name a similar trademark is already registered. The registrar need that two trademarks shall be keep in the register as related trademarks.
Dissolving the Association:
The registered owner is allowed to create an application for terminating the organization of any trademark from the rest of the marks filed as related trademarks. It makes either a trademark is sold or there is a division of the business. The registrar may finish the company as respects any of them, such application made for this section. If the trademark is used by some other person in association to any of the goods or services or both of which is registered.
Registration for all colours
The color parts in the visual appearance of the trademark may also registered. If the registration does not specify the trademark colors, the trademark is considered to be registered for all colors.
No separate registration of well-known trademarks
There is no separate procedure or registration for well-known trademarks. The importance of condition to section 9 in registration proceedings which are well known trademarks need to be noted. The identification of a well-known trademark comes by name and publicity, consequently such a trademark is ordinated with better rights. The better rights trademarks are in relation to opposition to registration of similar trademarks. An authority has been recognized on the registrar under section 11 is helps to protect well-known trademarks in registration procedure.
Caution in using word “Well known”: A Technical Expression
A trademark is a well-known trademark only if it is considered and is known to and realized by consumers. It is not mandatory that all considered trademarks and it would be known as well-known trademarks.
Appropriate Office of Registry
The trademark registration application should be registered in the proper office of trademark registry. Trademark registry head office is located at Mumbai and the branches at Ahmadabad, Kolkata, Chennai government through request in the official gazette. The trademark registration application has to be registered in that office of the registry within whose regional limits of the major place of business of the applicant is located.
India has started international trademark registration according to the process in Madrid Protocol. Under section 36c has mention either the branch office or the head office of the trademark registry as a designated office to discuss with international applications. An online trademark registration procedure has been specified without notifying any office that means head office at Chennai would process the applications in Tamilnadu circles.