Posted On: December 5, 2023

FIGURATIVE TRADEMARKS

Protection of 20231203 214333 0000

PUBLISHED BY MS. HARINDER NARVAN, MS. APARNA JAIN, MS. AASHRIKA AHUJA AND MR. ABHISHEK SHARMA AS ON 05.12.2023

WHAT IS TRADEMARK?

A trademark refers to any word, phrase, symbol, design, or a combination of these things that identifies your goods or services with your line of business. Consumers identify and recognize you in the marketplace and distinguish you from other competitors based upon your trademarks and brand names. A trademark is used for goods, while a service mark is used for services. The trademark symbol is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark. It complements the registered trademark symbol  which is reserved for trademarks registered with Trade Marks registry in India. We, at Knowledgentia are known as a top trademark and brand registration firm in Greater Kailash, New Delhi, offering all the services from registration of Trademark and Brand to handling enforcement. We provide services to register and enforce every type of Trademark such as Word mark, Service mark, Device mark, Series mark, Shape of goods, certification marks, collective marks and Sound mark. 

SIGNIFICANCE OF TRADEMARK PROTECTION

  • Right to use the trademark – to affix the trademark on or use in any other way in relation to the goods/services for which it is registered, use on business papers and in advertisement – to introduce the goods /services to the market under the trademark and for Import/export as well.
  • Right to prevent others from the use of the trademark in commerce in a way that it is likely to confuse consumers – right to object to any use of his trademark by a third party for goods for which it is protected (specified in the registration).
  • Building the brands

FIGURATIVE TRADEMARK

A Figurative Trademark is also known as logo trademark. A figurative mark is a mark consisting of exclusively figurative elements, a combination of verbal and figurative or otherwise graphical elements, verbal elements in non-standard fonts, verbal elements in colour, verbal elements on more than one line, signs that cannot be reproduced by a keyboard or any combinations of the above. Basically it refers to particular visual elements that can be a custom font, an icon, a drawing, or a graphic feature. A figurative mark must be associated with particular goods and services that a given brand sells to be registrable. It must be unique enough in order to indicate a source or given goods and services and distinguish them from other goods and services on the market. If the logo is too generic, it can get refused by the IP office due to a lack of distinctive character.

A figurative mark can solely consist of stylized text – for example, the CNN logo . It can also be strictly visual, not including any letters, numbers, or symbols. Another type of figurative mark is a combination of text and graphics such as for example the Burger King logo .

A FIGURATIVE TRADEMARK HELPS TO: –

  1. Identify the source of your goods or services.
  2. Provides legal protection for your brand.
  3. Guard you against counterfeiting and fraud.

HOW FIGURATIVE TRADEMARK IS DIFFERENT FROM WORD MARK?

A word mark is the name, words, or any combination of letters and numerals (such as 5TR), by which a product or service is presented in the market, whereas the figurative marks are also known as the device marks. A Figurative Mark consists of a figure or a word or wording combined with a figure. These figurative marks do encompass the “word marks” which are designed with any particular fonts, colors, or layouts. 

Moreover, it’s very easy for the public at large to identify the figurative mark from the word mark. 

WORD MARK FIGURATIVE MARK
Flexibility Visually Appealing
Wider Protection  Easy Recollection
Not Visually Appealing Narrow Protection

 

CYPRUS WINS TRADEMARK CASE AGAINST INDIAN FIRM. 

 “Halloumi” refers to the globally renowned, distinctive variety of cheese produced in Cyprus. The Government of Cyprus successfully restrained an Indian entity from getting Halloumi registered as a trademark in India. Government of Cyprus objected to Ahmedabad-based Flavi Dairy Solutions’ application to register a figurative trademark containing the expression ‘Halloumi’. The application was potentially related to a consultancy service to develop technology and recipe formulation to produce cheese for its clients. Flavi is a dairy and food processing consultancy firm that have always backed their ‘original’ trademarks. The Ministry of Energy, Commerce and Industry of the Republic of Cyprus, responsible for “protection” of the cheese and its trademark, filed an opposition before the Trade Marks Registry, Ahmedabad. The Cyprus government in its opposition relied on its well-known nature and distinctiveness of the trademark as well as the inextricable association of the mark with Cyprus, a year and a half after the application was filed. The Indian entity did not contest the opposition, and abandoned the application for the trademark. The office of the Trade Marks Registry, as on 20 November 2023, passed an order treating the application as abandoned.

Knowledgentia Consultants which is the best law firm for global IPR protection not only adapts to the changing legal scenario but also makes the transition for clients easy and accessible. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning trademark matters. In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our website -https://knowledgentia.com/.

 

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