A pattern is something that is used as a model to make a copy, a design, or an expected action. For instance, the patterns that are designed on a dress are known as pattern marks. Pattern marks are the marks consisting of patterns that are capable of identifying the goods or services as originating from a particular undertaking. These patterns are distinguishing it from those of other undertakings that are registrable as trademarks.
Gives exclusive rights- The owner of the registered pattern will enjoy the exclusive right over the trademark. The owner can use the same for all products falling under the classes they have been applied for. Further, the owner has rights to sole ownership of the trademark and can stop others from unauthorized use of the trademark, under the same class it is registered.
It builds confidence and goodwill- The quality of the product and services are indicated through the trademark, which builds trust and goodwill among the customers in the market. It helps in building permanent customers who are true, and always opt for the same brand.
Registered patterns differentiate the products- It makes it easy for customers to find products. It delivers the identity of products ranging from that of the current and new potential competitors, acting as an efficient commercial tool. The pattern and the logo can communicate the vision, quality or unique characteristic of the company, or any organization.
The pattern marks bring out the product’s quality- It gives the recognition to the quality of the product. Customers attach the product’s quality with the brand name and the pattern image that is created in the market. It helps to discover the quality of the particular brand which helps in attracting new customers, as they can differentiate between the quality of a product through the pattern/logo, or the brand name.
Creation of intangible assets- It creates intellectual property for an organization. Here, a registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. The pattern marks are an asset that gives the advantage to the organization.
Use of pattern TM symbol- Once the pattern is registered, the trademark symbol on the logo states that it is a registered trademark and no one can use the same trademark.
Protection against pattern infringement- No competitor can use the wordmark or logo registered under trademark. If anyone uses it without the permission of the owner of the trademark or makes any wrong use of the same, the owner can get the legal security under the Act, and obstruct the person from doing so.
Protection of patterns for 10 years- Online trademark registration is done at a very low maintainable cost. Once the pattern mark is registered and the maintenance cost is paid, and renewal cost which has to be paid after 10 years of registering the trademark. It is cost-efficient and supports a company to create a unique vision.
Global trademark registration- If anyone wants to register the trademark in a country other than India, the trademark registered in India can be used as the basis of registration there. For anyone willing to expand outside India, the trademark registered in India can provide a good base along with the established goodwill in the country.
Pattern marks attract human resources- Young minds aspire to join brands and act as a magnet. It encourages the positive image of the organization and thus applicants are attracted to it easily. This reduces the cost of hiring and other similar activities.
Any person claiming to be the proprietor of a trademark that is used or proposed by him/her may apply for the registration of that trademark. Generally, the person who manages or examines the use of the mark, and controls the nature and condition of goods to which it is affixed, or the services for which is practised is the owner of the pattern mark.
Find a good brand pattern name, by doing a quick search on a pattern name so that no one else can claim the same name pattern.
Once the name of the pattern has been decided, enter the details in the trademark application form, which costs Rs. 350.
There are two different ways to file the registration. One is manual filing and the other is e-filing. In the case of manual filing, the application needs to be individually submitted for registration to any one of the offices of the registrar. Whereas, in e-filing, the acknowledgment of the application is issued immediately.
After receiving the application, the registrar verifies whether the brand name suits the law and does not conflict with other existing registered or pending brands.
After examining the pattern, the pattern or style name will be published in the Indian Trade Mark Journal. If there is no offense from another party for 90 days, from the date of publication, the brand name proceeds to acceptance.
If no objection is raised, within the specified 90 days, the registrar takes the trademark application and declares a Certificate of Registration under the seal of the Trademark Registry. Once the pattern mark is accepted, it is valid for 10 years from the date of issue of the Certificate of Registration. Then after 10 years, the trademark for pattern marks can be renewed.
The minimum documents and information which are required for filing a pattern mark application in India are as follows:
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