Trademark Filing Service
A trademark may be one or a combination of elements such as letters, words, names, signatures, numerals, devices, shapes and colors. It may even consist of the packaging of goods, audible signs such as music or vocal sounds, colors or even fragrances. A trademark does not need to be visually perceptible in order to be registered. Therefore, a non conventional trademark such as a sound or scent mark is registrable provided that it is capable of being represented graphically.
When Filing a trademark application, the applicant may make a priority claim. Priority may only be claimed if it is the first application to be made in a Paris Convention signatory country which is a member of the World Trade Organization like United State of America in respect of those goods or services; and the application is made within six months after the date on which the first application is filed. It is possible to claim priority for some or all of the goods or services at those covered in the Convention application. It is also possible to claim priority from more than one priority application.
It is not mandatory to register a trademark in United States of America before one commences the use of the trademark. However, registration of the trademark gives the owner a statutory right to use the trademark on the goods or services in which the trademark is registered to the exclusion of all others. Trademark can be registered in respect of more than one class of goods or services.
Rights on granted in Trademark
A Trademark can be assigned or licensed. Thus a trademark can be sold like an asset or the rights to use the trademark can be exploited.
A registered trademark allows the registered proprietor to have exclusive rights to use the trademark concerned to identify his goods or services. If a third party uses an identified trademark on the same or similar goods, or uses a similar trademark on the same or similar goods covered under a registered trademark, without any prior consent from the registered proprietor to use that trademark, the registered proprietor may use the third party for trademark infringement. Suing for trademark infringement is a civil remedy brought before the courts.
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