Trademarks

What is a trademark?
Why register a trademark? Why protect it?
When does protection begin?
For how long can I register my trademark?
Guidelines for registration

What is a trademark?
A trademark is any sign which you use in association with your goods or services in order to distinguish them from those of others. The sign has to be visible, can be graphically represented, and has a distinctive character. Sounds and smells are excluded.

A sign refers to the following or their combination:

• a letter of the alphabet or a numeral
• a word, heading, name, label or signature
• a brand, device, colour or ticket
• a shape or aspect of packaging

Why register my trademark? Why protect it?
You gain a statutory right, a personal property, a financial asset, greater accessibility to business opportunities, and a proof of ownership.

You protect the instant recognition of your goods or services by your consumers.
You protect the guarantee of quality your mark gives to your goods or services.
You protect the continued use of your own mark.
You protect your individual identity.

When does protection begin?
Protection begins from the date of filing of the application for registration.

For how long can I register my trademark?
Initial registration is for ten years. After that, you can renew the registration every ten years, indefinitely. This means that your trademark can be exclusively yours, forever!

Guidelines for Registration
Application Process for Trade Mark Registration

1. Filing of an Application, with the prescribed form and fees.
2. Search by the Registry of Trade Marks.
3. Examination by the Registry.
4. Objections raised, if any.
5. Overcoming the objections.
6. Publication in the Trade Marks Journal.
7. Resolving Oppositions, if any.
8. Entry into the Register of Trade Marks and issuance of a certificate.

Note: The whole process may take a year or more to complete. The registration is valid for 10 years from date of filing, and is renewable indefinitely.

Trade Mark Filing Requirements

1. Full company name and address of the applicant.
2. Sole Proprietor or Partners' name(s) in full.
3. State or country of incorporation or constitution of the company.
4. Whether your mark is a "collective mark" or a "certification mark"?
5. The exact trade mark and a clear black and white representation of the device, if any. (Provide all relevant views if the mark is a shape. Provide a description if claiming an aspect of packaging or if the mark has a 3-dimensional shape.)
6. Derivation of any word which is not in English, together with a translation and/or transliteration (if any).
7. Five artwork copies of the trade mark in colour, if colour is to be registered in the trade mark.
8. The number of marks in the series, if registration is for a series of marks.
9. The specification of the goods or services for which registration is sought.
10. Particulars of the basic application for a Claim to Priority in a Convention country (if any).
11. IPOS Form TM4 and Official Fees.

To register a Trademark, click here.

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