Trademark

Trademark Laws

Ans.-A trademark refers to any symbol, design or phrase that is used by a company to identify its brand or products. It is quite distinct from patents and copyrights in that it does not refer directly to the idea or its expression but more to the mark or design associated with the idea in order to make it recognizable. There are two main types of marks used- trademarks and service marks. Trademarks have been described above. Service marks are similar to trademarks except for the fact that it is associated with the source of the brand as opposed to the products.

Benefits of registering a Trademark ?

Ans.-Although it is not compulsory to register a trademark, many businesses prefer to register their main trademarks because of several reasons. For one, the general public bear cognizance of the effort by the company to establish ownership of the trademark. Also, registering brings along with it certain legal implications of a positive nature and open up the possibility of taking to court any case pertaining to the registered mark.
Use of relevant symbols

The symbols TM and SM can be used by a company in order to claim, to the public, the ownership of a mark. Using TM and SM does not depend on whether the mark has been registered with the USPTO or not. However, use of the ‘registered’ symbol will compulsorily have to follow registration by the USPTO. The same is generally true of other nations as well where use of the ‘Registered’ ® symbol indicates registration with the corresponding equivalent of in that particular country.

What are the Common reasons for refusal or rejection of a Trademark registration application ?

Ans.A great degree of resemblance of the mark being applied for with another mark that was previously registered is the most common reason for denial or rejection of an application. The nature of the mark may, in certain situations (like if it is a family name, a geographic area or description for the products) may also lead to rejection of the application. The Trademark Manual of Examining Procedures has all the details of reasons for refusals and other details about the trademark registration process