Trademark Registration, what It Means and Who Need TM Services?
Trademark refers to a distinctive sign or indicator used by an individual, business organization, or other legal entity to assign their identity and rights over the products or services. The trademark could be in the form of a symbol, a sign, a logo design or an image that serves as a marker of differentiation from other similar stuff in the market; therefore the trademark ought to be original. The trademark designation can be made using symbols such as ¦™ (for an unregistered trade mark, that is, a mark used to promote or brand goods), ¦? (For an unregistered service mark, that is, a mark used to promote or brand services) and ¦® (for a registered trademark). The trademarks are awarded by a Government body, which looks after trademark registration. Once the owner of a product or services has registered his or her trademark, she or he has legal rights over it. If someone tries to copy the trademark, a legal case through trademark litigation can be slapped on the offender. Legal proceedings for trademark infringement can be initiated on the basis of appropriate and suitable laws. In the US, a trademark is used with regard to services rather than products may sometimes be called a service mark.
The primary function of a trademark is to identify the exclusivity of the source from where the product or service has originated. After registration the product owner enjoys exclusive rights over his or her manufactured good or service provided to the customers. There prevails a system of classification by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). The idea behind this system is to indicate and limit the extension of the intellectual property right by the determination of goods or services to be covered by the mark, and to unify classification systems around the world.
Each country has its own set of trademark registration laws and procedures and processes. In the US, there are several steps preceding trademark receiving its Certificate of Registration. First of all the applicant has to file a trademark application for the respective trademark. The application is then thoroughly examined by the U.S. Patent and Trademark Office to pass it, a process which could take anywhere between three to six months. The application after successfully crossing this step goes to the Opposition, to see that no third part stands violated be the trademark under consideration. Once the third part issues a no offence to the trademark, it goes for official registration under the law.
Other countries too follow a process of trademark registration which is not substantially different from the US. Most trademarks follow under certain jurisdiction, outside which they do not get an umbrella of legal protection. However, a range of international trademark laws and systems have been established to which facilitate the protection of trademarks in more than one jurisdiction.
As the USPTO in the United States, there is a database of registered trademarks in every country which offers free trademark search. There are also some fine international laws for patent registration of goods and products.
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