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What is a Trademark?
A trademark is a symbol used by companies to identify and set their products and services apart from those of competitors. It could be a word, phrase, symbol, logo, design, or even a name. It is employed by those persons or businesses who create their own goods and give them a personal touch in order to distinguish them from competing goods.
Applicants for Trademark
- Joint Owners
- Proprietorship Firm
- Partnership Firm
- Limited Liability Partnership
- Indian Company
- Foreign Company
- Trustor Society
When two people decide to file a trademark application, they can do so jointly, but the trademark application must include both of their names.
The proprietor's full name should be included in the application. The name of the person must appear; a business name is not acceptable
The application must include the names of each partner. The guardian's name should be listed in the trademark application if the applicant is a minor.
The name of LLP will be used on the trademark application. Applications cannot be submitted by LLP partners under their own names.
The application will be submitted in the name of the private company, hence the director cannot be the applicant. He need just be the applicant who is permitted to sign the application on the company's behalf.
Since the application will be submitted in the name of the foreign company, the director cannot be the applicant. He need just be the applicant who is permitted to sign the application on the company's behalf.
If a trust or society applies for a trademark, the name of the managing trustee, chairman, or secretary must be included.
Once you have filed the trademark, if some mistake arises then how to rectify that particular mistake?
Correcting an error or omission that was made in the trademark application is a legal procedure.
Who Can File Application for Rectification?
A petition for rectification, cancellation, or withdrawal of the registered mark may be filed by the person who feels wronged.
Where to File for Trademark Rectification?
An application for trademark rectification or cancellation should be submitted to the Trademark Registry in the country where the trademark application was first submitted.
Procedure for Trademark Rectification in India
- Applications submitted must be in the format specified.
- Application must include the statement of the case and be submitted with the required fees.
- Submit the application to Registrar or IPAB
- The Registrar notifies the proprietor to file a counter statement after receiving the application.
- The matter moves to the evidence stage after the filing of the counter-statement.
- The rebuttal statement may be submitted by the parties as an affidavit.
- The hearing process will begin.
- Order will be followed.