The trademark application can be file for registration in the trademark registry in India or in online or offline flight. Once you submit a trademark application for trademark registration in India, you will receive a trademark application receipt, which includes the application number, date, proprietor code, name of the trademark applicant; anyone can start using the “TM” symbol. You can now type the trademark symbol “TM” in the upper right corner of the circle but do not use the trademark symbol “R” until you receive the registration / certificate. A certificate of trademark registration is both time limits. The stipulation is that no objections or objections should be raise by the trademark examiner and by any protest or objections (within 4 months of its publication) by the third party or parties, if any objections or objections are raise by the trademark examiner. , Then raise by the adversary or opponents, it will take 18 to 24 months (within 4 months from the date of declaration) by the third party or the parties marked in the journal then it varies from case to case.
The target could be any of the following types of trademark application:
General Law trademark protection: If you are using an icon but it is never register, your icon may have a general law trademark protection. If you show that you have used it before, you can prevent others from using your mark, but your trade rights may be limited to your geographic area where you do business.
State Trademark Protection: You’ll also be able to file a trademark with the state where your business is located. This will help you secure your trademark in the state, but it does not give you nationwide protection.
Federal Trademark Protection: You must protect your trademark with the USPTO. Can register with this registration gives you nationwide protection and installs when you start using the sign, as well as other benefits.
Types of trademarks
1. Product mark
A trademark, similar to a trademark, the only difference between the two is a trademark reference to products or goods and not to services. It is use to identify the source of a product and to distinguish the manufacturer’s products from others. Trademarks are consider important because they protect the goodwill and reputation of the business. The trademark application can be file in a few days and the “TM” symbol is use until registration. It usually takes 18 to 24 months to complete the formalities or process of trade in the trademark registry. Once the (register symbol) registration certificate can be use next to the trademark, once register, the trademark is valid for 10 years from the date of filing, renewing periodically.
2. Service Icon
A service mark like a trademark but here instead of a product or goods, it identifies the source of the service. For example, a company like Yahoo may brand some products with a trademark, but use the service mark on the Internet search service it provides. This is know as ‘SM’. A service mark is a sign that distinguishes the services of one owner / owner from another. Service marks represent the services offered by the company. They are use in the service business where real goods are not trade under the mark. Companies that provide services such as computer hardware and software assembly, restaurant and hotel services, courier and transportation, beauty and health care, advertising, publishing are now in a position to protect their names and are being target by others. The rules for service marks are basically the same as any other trademark.
3. Collective icon:
These trademarks are use by a group of companies and are collectively protect by that group. Collective marks are usually use to tell people about a special feature of a product for which a set mark is will be use. The owner of such property may be an organization or a public body or a cooperative. Collective marks are also use to promote specific products with specific characteristics for the manufacturer in a given area. Thus, a collective trademark may be use by more than one merchant, provide that the merchant belongs to that particular organization. The merchant associated with a particular collective mark has a definite duty to adhere to certain standards set by its members. Thus, the purpose of the mass mark is to make people aware of some of the features of the product for which the mass mark is use. An example of a collective symbol is the symbol “CPA”, which is use to denote Society Certified Public Accountants.
4. Certificate Icon:
The certificate mark indicates the goods / services certified by the owner of the sign in terms of origin, content, quality, accuracy or other characteristics. This is different from a standard trademark that separates goods / services from a company. In short, the certificate mark is use for standard definition. They assure customers that the product meets safety and other proposed standards. Illustrate icon is include on the product. The presence of a certification mark on the product indicates that the product has passed the specified standard tests. They assure customers that manufacturers have gone through an audit process to ensure the desired quality. For example, food products, cosmetics, electrical goods, etc. have such markings that specify the safety and quality of the product.
5. Shape marks:
According to the Indian Trademarks Act, 1999, a trademark may include the shape of the goods, the trademark from their packaging. As long as it is possible to represent the shapes graphically, items sold under such trademarks help to distinguish them from other manufacturers. The new trade marks in ordinance continue to allow registration of such marks. When shaping the goods, the packaging has some special features that it can register, for example, decorative lamps. In some cases, the shape (three-dimensional) shape of the product or packaging may be a trademark (for example, a specially designed bottle of perfume). The shape mark has facilitated the promotion of products and has come as a trade mark. Any graphical representation that is able to make a difference in products can be registered as a shape icon.