2 W’S OF TRADEMARK

 

In today’s world, people tend to run behind success without

making necessary efforts. They tend to copy Ideologies and words of successful brands thinking it would give them success. That’s when Intellectual Property Rights (IPR)

come into picture. Trademark is one of the essentials of IPR.

✓ WHAT IS A TRADEMARK?

A trademark is a distinct symbol, word, logo, slogan, design, that is used or intended to be used to identify the goods of one manufacture from the goods of others. The primary purpose of trademark is to allow companies to establish their products reputation without having to worry that an inferior product will diminish their profit by deceiving the consumer. Simply stated, trademark registration protect consumers from being misled. The trademark registry was established in 1940, presently it administers

Trade Marks Act 1999, rules thereunder.

✓ WHO CAN FILE A TRADEAMRK?

A party which claims to be the owner of a ipr can apply for online trademark registration for its mark for goods and services. A party may apply to register a trademark with the trademark office under whose jurisdiction the principal place of the applicant’s business falls. However, if

the principal place of business is outside India, the application should be filed with the trademark office under whose jurisdiction the office of the applicant’s agent or lawyer falls. Always remember in certain cases you might get objection for which you would require trademark objection reply. The following can file trademark in India are as follows:

➢ AN INDIVIDUAL (PERSON)

➢ JOINT OWNERS

➢ PROPRIETORSHIP FIRM

Example: Kajal Mehta, an Indian national trading as P5 enterprises.

➢PARTNERSHIP FIRM

➢LIMITED LIABILITY PARTNERSHIP (LLP registration)

➢ Pvt ltd company registration

An individual not doing any business is also eligible to file a trademark and obtain trademark registration that is proposed to be used by him/her in the future.

In case two persons come together and decide to file a trademark application, then the names of both the person must be mentioned on the trademark application.

In case of a proprietor firm, the full name of the proprietor must be mentioned in the application. A business name is not accepted as an individual because they are not a separate legal entity. However, if a business name is included on the application in addition to the name of an individual applicant, those details will be studied respectively.

In case of partnership firm filling for trademark application, the names of all the partners are essentially required in the application. If the firm includes a minor in the partnership, the name of guardian should also be mentioned.

An incorporated body has its own identity. Hence the partner by themselves cannot be the applicant, wherein the trademark must belong to LLP.

Example:

Kajal Mehta, Preet Parikh as M/s. P5 enterprises under Limited liability partnership Act 2013.

In case of a private limited company or One Person company, both are form of company registration the application for registration must be made in the company name. A company being an incorporated body has its own identity other than its directors, therefore a director of the company cannot be the applicant, although can be signed and submitted by the director, authorized by the company.

➢ FOREIGN COMPANY

In case of a foreign entity making a trademark application in India, the application for registration must be made in its own corporate name, as registered in that country. The nature of registration, country of incorporation and the law under which the company is registered, are to be mentioned. If the foreign company has no principal place of business in India, the applicant’s address for service in India should be mentioned in the application.

➢ TRUST OR SOCIETY

If a trademark application is made behalf of a trust or society, the name of the managing trustee or chairman or secretary representing the same should be mentioned.

In India, a handful of trademark applications containing “Corona” or “Covid19” have been filed. Corona sanitizer in pharmaceuticals industry is highly in demand. These trademarks fall within the category of strategic marketing. Every coin has two sides. The one side is registration of trademark where earning and marketing is on. Companies don’t tend to think twice before the pricing hype of essential goods or services. Whereas few people on other side just win by humanity.