Trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. It may comprise of a name, a logo, a combination of letters and/or numbers, a slogan, a label or any other sign used to identify company’s products or services, thus distinguishing them from those of the competitors.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection is 10 years, but renewable indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement.
Requirement of Trademark Registration.
In order for a trademark to be registrable, it shall contain at least one of the following particulars:
1. The name of an individual, company or firm represented in a special or particular manner;
2. The signature of the applicant for the registration or of some predecessor in his business;
3. An invented word or words;
4. A word having no direct reference to the character or quality of the goods or services not being, according to its ordinary meaning, a geographical name or surname; or
5. Any other distinctive mark.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection is 10 years, but renewable indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement.
Requirement of Trademark Registration.
In order for a trademark to be registrable, it shall contain at least one of the following particulars:
1. The name of an individual, company or firm represented in a special or particular manner;
2. The signature of the applicant for the registration or of some predecessor in his business;
3. An invented word or words;
4. A word having no direct reference to the character or quality of the goods or services not being, according to its ordinary meaning, a geographical name or surname; or
5. Any other distinctive mark.
(Section 10(1) of Trade Marks Act 1976)
A registrable trademark should not be based on generic terms, nor should it be made up of words having a direct relation to the goods or services. A trade mark is not registrable if it is not capable of distinguishing your goods or services from the same or similar goods or services of other traders in the marketplace. Trade marks which conflict with an earlier trade mark, or would mislead the public about the nature of the goods and services, are also difficult to register.
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