A trademark can be protected through registration [Expert Review]

Last updated : Aug 20, 2022

What can be protected through trademark?

Copyrights protect creative works, while trademarks protect names, logos, and slogans.

Is trademark can be legally protected?

On the other hand, a federal trademark registration can provide nationwide legal protection for your brand in connection with particular goods or services.

What marks are trademark protected?

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 first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

What is a trademark registration?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

Which is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

What trademark Cannot be registered?

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.

What is protected by a trademark Mcq?

Reveal answer... Trademarks protect logos, names and brands.

Which type of trademark can be protected in India?

As a first-to-use country, unregistered trademarks with prior use can be protected under common law in India. The passing off of trademarks is a tort actionable under common law and is mainly used to protect the goodwill attached to unregistered trademarks.

How is trademark protection secured?

There are three ways to secure your rights in your trademark : (1) use the mark in commerce in connection with a good or service; (2) register the trademark with your state; or (3) register the trademark with the United States Patent and Trademark Office ("USPTO").

What are the 4 types of trademarks?

• Generic. A generic term is a common description that does not receive trademark protection.
• Descriptive.
• Suggestive.
• Arbitrary or Fanciful.

How long is trademark protection?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can trademark be protected without registration?

Unregistered trademarks are trademarks not registered under the Act. Unregistered trademarks can be used in relation to goods and services, but they will not possess legal benefits under the Act. However, unregistered trademarks can get protection under the common law.

Who does trademark registration?

Once the trademark is registered by the registrar of trademarks, the company is allowed to use the registered trademark with the ® symbol. This is valid for 10 years from the registration date. The company will get to use the TM symbol after 3 days of filing the application.

Is trademark registration necessary?

Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement.

Why is trademark registration important?

A registered trademark establishes ownership over the brand, name or logo. It protects your brand from any unauthorized use of the third party. The registered trademark proves that the product totally belongs to you and you have exclusive rights to use, sell, and modify the brand or goods in whichever manner you want.

Why are trademarks protected?

Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging.

Why do we protect trademarks?

A registered trademark is a symbol, logo, word, slogan, or company name. It protects your status and stops other businesses from trespassing on your intellectual assets. Trademark registration online is an easy process.

What is protected by copyright?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Can name trademark?

The Trademark and Merchandise Act, 1958 under clause (d) of section 9 refused the registration of surname as trademark. However, the new Act1 has no provision to allow or disallow the use of surname of personal names. The definition of the "mark" doesn't explicitly include or exclude surnames and personal names.

What is collective trademark Mcq?

3. What does Collective Trade Marks indicate? (1) 1) Connection of a Trade Mark with a proprietor Partnership Firm. 2) Trade Mark which cannot be subject to monopoly. 3) A unified collection of all the registered Trade Marks. 4) **Connection of a Trade Mark with a proprietor Association.

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hi my name is jubin with dana legal services and in this video we're going to talk specifically about what is a trademark and what kind of a monopoly or use protection do you get on the mark itself now remember when i say trademark i'm talking about marks in general which may be trade related like associated with products and goods or they may be related to services so it could be a service mark again the question is what kind of monopoly do i get on the word so remember trademarks the purpose of trademarks is to help the consumer of the goods or the services it's to help the consumer understand the origin or who is putting out the goods or the services so that if there's any issues or concern they know where to go so they don't want the consumer confused between two people so someone may be putting out a product under a particular name and it's a good great quality product and then someone else may be putting out a very cheap uh you know replica of the good product under the same name and selling it to the consumer and the consumer is now buying the product and thinking it's the good one but it's actually a fabricated one and now they're all confused so that's what the trademark laws prevent so from people knocking off goods a lot of that happens in the fashion industry when it comes to bit labels and brands some people know that a louis vuitton bag is worth a lot of money they'll use cheap products cheap manufacturing processes get the product out for a lot less but make it look like that bag and try to sell it to people so they think it's a genuine louis vuitton bag that's just an example so do you get a monopoly on your mark the answer to your question is well monopoly isn't a good word do you get exclusive use of that mark on your goods and services the answer is yes for the goods and services you identified when you filed your trademark application remember when you file a trademark application you have to have three things one you have to have the mark so you pick a name two you have to have goods and services that you're going to use that mark with and three you're going to have to have a date of first use or you have to have plans to use it so once you identify your mark and assuming that no one else has it out there and you identify your goods and services then those two things combined can be a basis for which to register your mark and get your trademark once you get your trademark you have basically exclusive use of that word or those group of words for those goods and services so if your goods and services are printers then you have a mark that can be used on printers now can somebody else go use your exact same mark on clothing that's what the trademark office tries to differentiate between that's why they require you to identify goods and services by class so that people can use the same label as a product for different classes and they're different companies and they own it differently and they have different registrations so if you have a mark for printers and someone wants a mark for something totally different from printers let's say t-shirts then it's quite possible that both marks can exist at the same time what i'm getting at is this you have exclusive use of your mark for the goods and services if you don't want anyone to have it in any other class which you might be interested in then there's a lot of things you can do to prevent that one would be very costly which is file a bunch of trademark applications or one trademark applications in a bunch of classes remember though you have to actually use it or plan to use it so you can't file for your mark for printers and also for shoes just to prevent other people from getting shoes if you don't use it for shoes they won't allow you to register it so remember this trademarks are mark and goods and services combination if someone wants the same mark for an entirely different goods or services and it's not likely to confuse consumers so for example someone buying a printer wouldn't think that the person selling the printer also sells t-shirts they might think of those two as two separate companies on the other hand someone buying you know someone having a mark for printers might be considered similar to someone selling computer products so they may not allow you to register the same mark for printers as they do for computer even though computers are different from printers they're closely related and there's a lot of examples in the industry where people are actually making computers and making printers for example hewlett packard hp there's hp computers and there's hp printers so because those two industries are crossed by one particular brand it might be that other people won't be allowed to do it anyway bottom line look at the class of goods you're identifying look at your mark and if that combination is unique and you plan to use it or are actually using it then you can get your trademark registered you have monopoly on that mark for those class of goods and services my name is jubin dana with daniel legal services that's that's a wrap on this idea of trademark here's our contact info reach out we do free consults you can ask us questions we can understand your situation give you some good advice you let you know what your options are and then if you decide to move forward with this we'll be happy to help you take care

Thanks for your comment Irene Schwartzwalde, have a nice day.
- Barrie Engelmeyer, Staff Member

next to topic is wipeout 33 my red marker can be why we need to protect trade market can be protected by using the federal and state laws yes trademarks can be protected by federal and state laws which is nothing but a you were own trademark for example your own logo our symbol that is copied by some other company then you can make a case on them so all these trademarks can be protected by using the federal and state laws next one under the trademark law revision of Act of 1998 under the trademark law revision Act of 1998 owner can apply for registration prior to using the trademark which is nothing more take under the Act of 1998 if you want to release any product into the commerce then trademark registration is compulsory okay if you have created any some product that product if you want to release into the Commerce which is nothing but a if you want to release it product into the market then on this product trademark registration is compulsory why means we need to protect the trademark if you released this product without applying the trademark onto the commerce then what will happen another person can copy your own content and he can apply the trademark on your product so there is no recognition of your own knowledge and creativity to overcome all that problems on your product on your product trademark registration is compulsory if you want to release your product in the commerce next one is if the application is approved if the application is approved and published without opposition the trademark owner is required to submit the evidence that the mark is in use within a period of three years which means that you once the my you need to register for the trademark right so you need to register for a trademark how you need to register attainment that we will see in the next topic so what if you want to register for a trademark you need to fill an application form so once this application form is approved without any opposition so which is nothing but a your trademark is a prude okay so you need to register for a trademark to register a trademark you need to fill an application once your application is filled once your application is approved without any opposition then you need to show trademark owner should show the evidence that he can use that trademark within a three year three years period of time which means that you would trademark your own logo our symbol should be used within the three years period of time if you did not after the getting up after getting approval if you did not use within a three years period of time that logo or symbol that is not valid so within your three years period of time only you need to use that trademark of okay once your trademark is registered to make a registration of trademark you need to fill an application and if that application is approved without any opposition then the trademark owner should use that logo within a three years period of time this that is also one more point next one is next one is upon submitting this evidence the PTO will issue the trademark registration so once if you show that evidence okay within the three periods three periods or three years period of time this trademark should be used okay once you show that evidence yes I'm using this trademark on my products like that if you show that evidence then Payton to trading office look at patent trademark office will give you the trademark registration which is nothing but a on your products you can use a registered trademark like this otherwise you need to use only the TM symbol next one currently trademark registration are for an initial ten year sorry sprayed magician cyst or protector for an initial ten year period yes once your trademark is registered okay once your trademark is registered like this on pure products you can use the R symbol this is nothing but it we just wrote a trademark this register the trademark is protected for ten year period and this can be renewal for lifelong if you want to make this product for life now then you can make the renewal also so to make a registration for the trademark already we have seen three thousand five hundred for each class which is nothing but a only logo is there then three thousand five hundred you need to pay no only symbol is there then you need to pay them again three thousand final again for these sorry slogan is also there then again you need to pay the 3,500 and so on so II for each trademark class you need to pay the 3,500 these are the steps to protect your trademark once again we will see trademark can be protected by using the federal and state laws yes trade market can be protected by using the federal and state law next one under the Act of 1998 if you want to release any product into the commerce then trademark registration is compulsory next one if you want to register a trademark first you need to fill an application form after filling an application form you need to submit into the PTO office once that application is approved without any opposition then the trademark should be used with with you have you need to show the evidence that that trademark is used within a 3e 3 years period of time once the trademark is once the trademark is used within a three period of three years period of time then PT VOC patent trademark office will register your trademark like this on your products now you can use this are mark on the trademark this registered trademark is protectable for ten years

Thanks quinceavoS your participation is very much appreciated
- Barrie Engelmeyer

About the author

Barrie Engelmeyer

I've studied anthropology of development at American Film Institute Conservatory in Los Angeles and I am an expert in analysis. I usually feel cynical. My previous job was law clerks I held this position for 26 years, I love talking about amateur geology and rappeling. Huge fan of Gena Rowlands I practice hacky sack and collect insects.