The first successful application for a sound mark was registered in 1978 and was filed by NBC, one of the country's largest media conglomerates. Image source: Gerben Law Firm. Can you identify the proper filing basis for your application? One of the most appealing benefits of registering your company name as a trademark is that it provides you with an intangible asset. Why Register Your Trademark? However, if you combine the name with something else, for example, JOHN SMITH’S ACCOUNTING, it will become registrable. There’s flexibility when it comes to the shapes a trademark can take. The trademark is contrary to public policy or accepted principles of morality. A Trademark, to be capable of registration, must satisfy the following essential conditions: While choosing an apt trademark that can be registered might seem to be a long drawn process, it is actually very simple. Any person can apply who claim to be the owner of the trademark. A person can be proprietor, individual, company or legal entity. The trademark owner can be an individual, business organization, or any legal entity. Will the Trade Marks Registry advise me whether my trademark can be registered? You can register your trade mark to protect your brand, for example the name of your product or service. For starters, you can't register a trademark which already exists. You can register a trade mark to protect you in the UK, throughout the European Union, Internationally or in individual countries. An otherwise registrable trademark may be refused if it is the same or similar to a registered or pending trademark. Example of a trademark registration certificate from the USPTO. 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. 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." However, it is also true that not all signs can … All trademark applications are reviewed and compared against the Canadian Trademark database of registered trademarks and pending trademark applications. The Supplemental Register would not be available for matter that fails to function as a mark. Furthermore, trademarks which are generic (i.e. 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. For example, in practice, the names of some internet celebrities and prevailing terms or slogans have escaped the scrutiny of the trademark administration and have been registered as trademarks. The trademark should ensure that consumers recognise it as offering a particular product or service. A trademark can be protected in following ways- The trademark can be registered under the common law of trademark protection. Registered Trademark Vs Unregistered Trademark. The trick is to be conversant with what cannot be registered. 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. In order to register the trademark Wyke Farms had to provide evidence that the mark had acquired distinctiveness through use. The Trademarks Act, 1999, is the statute that lays down the laws for Trademarks in India. World Trademark Review /Xinhua "Gufang" brown sugar. A mark must be unique to your business. A registered trademark gives the owner exclusive rights to the use of that mark and the right to take legal action against anyone infringing upon it. The answer is definitely yes but with some qualifications. 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. Trademark Register. If another business attempts to register a domain name (that is, a Web address or URL) that is the same as your business name, you can seek relief in court to stop them. What Can you Register as a Trademark? In practice this is very rare. 7. Can you properly identify your goods or services? This sort of trademark can only be registered after permission has been granted by the state or organization in question. It is the mark that identifies your goods or service to consumers, so incorrect use could harm your reputation. 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. A trademark can only be registered if it can be used to differentiate your goods or services from those of others. your beer company can't trademark the term "Microbrew"). It is your business identity that helps you promote your products or services. In accordance with the trademark law of Sint Maarten, these marks have to be rejected for registration by the BIP SXM. Find out more. When can a slogan be registered as Trademark. Can I patent an idea of a new invention ? Depending on how much value your registered trademark has, you can potentially use it as security for a loan or mortgage. Supreme Court: “Booking.com” Can Be Registered as Trademark. What is considered as a trademark under the trademark … You can protect it only if you register your trademark for business. A suit for infringement of registered trademark was preferred by Arun Chopra (hereinafter referred to as "Plaintiff) against Kaka-Ka Dhaba Pvt Ltd & Ors. 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