Who can register registration of registered under trademark Act?
Section 48 of the Trade Marks Act 1999 further states in detail which is a registered user. It has been defined as someone other than the registered proprietor of a trademark may be registered as a registered user in respect of any, all, or some of the goods or services regarding which the brand has been reported.
What is eligible for trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. … The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce.
What trademark can be registered and what Cannot be registered?
Descriptive trademarks cannot be registered. Marks that have become customary in the current language. For example, a consumer associates a restaurant with a chef. Apart from this marks that are deceptive, hurt religious sentiments, are obscene or describe the shape of the good cannot be registered.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
What is the procedure for registration of trademark?
A few simple steps, as explained below and you would have the much-needed legal protection of your brand name registration in India.
- Step 1: Trademark Search. …
- Step 2: Filing Trademark Application. …
- Step 3: Examination. …
- Step 4: Publication. …
- Step 5: Registration Certificate. …
- Step 6: Renewal.
What is the cost for trademark registration?
The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.
What amounts to use of trademark?
Courts and tribunals in India have interpreted usage of trademarks in their various judgments. What is considered as usage of trademark is: Actual use on goods and services; When there is no actual use on goods or their sale, any promotional material can be construed as use.
What are the rights of a registered proprietor of trademark?
(1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of …
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.