FREQUENTLY ASKED QUESTIONS (FAQs)
Under modern business condition a trademark performs four functions:
a) It identified the goods or services and its origin
b) It guarantees its unchanged quality
c) It advertises the goods/ services
d) It creates an image for the goods/services
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the good/services, name and address of applicant and agent with the power of attorney, the period of use of the mark. The application should be in English. It should be filed at the appropriate office.
a) Any name which is not unusual for trade to adopt as a mark.
b) An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
c) Letters or numerals or any combination thereof.
d) The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
e) Devices including fancy devices or symbols
g) Combination of colors or even a single color in combination with a word or device
h) Shape of goods or their packaging
i) Marks constituting a 3-dimensional sign
j) Sound marks when represented in conventional notation or described in words by being graphically represented.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
The USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services. There are many goods or services that fall into each class, and they're not always obvious from the class name.