A trademark is a distinctive symbol (e.g. a word, logo, numerals, labels and slogans) that identifies particular goods of a trader to the general public. A trademark is also used to indicate the origin of goods and to distinguish the products or services of an individual or enterprise from those of others. On the other hand a service mark is a logo used by service industries to distinguish its services from those of another provider (e.g. entertainment, transportation, and etc.)
Once a trademark is registered, it is prima facie proof of ownership of the applicant. The proprietor of the registered trademark will then have all the benefits, remedies and protection afforded by the Trade Mark Law in the respective country.
Companies, individuals, partnerships or lawful associates can, provided they meet the requirement of the Trade Mark Law in the respective country.
As soon as your mark is being used or intended to be used, you are advised to file your application. It must be noted that an early application is advisable because the date of registration dates from the day on which the application is lodged. In some countries, an earlier lodged application has prima facie priority over the later applications and it depends on the Trade Mark Law in the respective country.
It varies depending on the country that you wish to apply to, but generally a smooth registration process will take approximately six (6) to twenty-four (24) months.
It varies depending on the country that you wish to apply to and it depends on the Trade Mark Law in the respective country.
A trademark registration is everlasting so long as the registration is renewed before the expiry. The renewal periods vary by country, but generally, registration in most countries must be renewed every 10 years. However, in some countries, the renewal period may start from the application date or the registration date depending on its respective Trade Mark Law.
No, a trademark registration is territorial in nature. It only gives protection in that particular country which you have registered your trademark. If you intend to export your goods/services to other countries, a separate registration in each country is required in order to be protected.
You may file your trademark application in black and white, greyscale or coloured. In general, we encourage a trademark to be filed in black & white, so that your rights are extended to all types of colours.
Yes. You can assign the mark during pendency of the application or after registration has been issued. However, the assignment will only take effect upon the registration of the application.
The ® is the universally recognized symbol for a registered trade mark. If a trade mark is unregistered, the TM symbol is used.
Yes, it is an offence in most of the countries.
No, however there is a penalty if ® is used on an unregistered trade mark.