TRADEMARK

?What is a trade mark and a service mark

A trade mark is a distinctive symbol (eg. a word, logo, numerals, device, label and so on) that identifies particular goods of a trader to the general public. A trade mark 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. Whereas a service mark, is a logo used by service industry ,e.g. entertainment, transportation, travel agents, etc

?Why is trade mark registration so important to you

Because once a trade mark is registered, it is prima facie proof of ownership of the applicant. The proprietor of the registered trade mark will then have all the benefits, remedies and protection afforded by the Trade Marks Act., 1976

?Who can register a trade mark

Companies, individuals, partnerships or lawful associates, provided they met the requirement of the Trade Mark Act

?When should you apply for registration of a trade mark

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. An earlier lodged application has prima facie priority over later applications

?How long does it take for normal trademark registration

The normal registration process will takes approximately 5 months

?How long does a trade mark registration valid for

Under the new Trade Mark Registrations, the trade mark registration is valid for ten (10) years from the date of application and is renewable for successive periods of every ten (10) years on payment of a renewal fee

?Does a local trade mark registration give protection in overseas countries

No, a trade mark registered in IRAN only gives protection in IRAN If you intend to export your goods to overseas, a separate application must be made in each of the overseas countries where you want to seek protection

?Can a trade mark filed in black and white or in colour

You may file your trade mark application in black and white, or greyscale or colour. Unless for a particular reason your trade mark is limited to a particular colour or colours, your rights extend to all colours

?Can you assign a trade mark during pendency of the application

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

?What is the difference between ® and TM

The ® is the universally recognized symbol for a registered trade mark. If a trade mark is unregistered, the TM symbol is used

?Is it an offence to use the ®, if your trade mark is not registered

Yes, it is an offence

?Is there a penalty if the letters ™ are used

No, however there is a penalty if ® is used on an unregistered trade mark