Article : Brief introduction to Trademark and trademark registration process

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What is a trademark?
A trademark is a distinctive name, a word, logo, symbol, picture, image, or a combination of these elements are used for individual, business organization, or other legal entity to identify products or services are derived from a single source and distinguish their products or services from other entities. Legislation trademarks of Trinidad and Tobago can be found in the trade mark Act Chapter 82:81.
Registering a trademark gives the owner the exclusive right to use a trademark in relation to specific products and services under § 5 of the Act. The owner of a registered mark can sue for trademark infringement to prevent unauthorized use of europe trademarks and / or seek damages for unauthorized use.
Who can register a trademark?
Businesses, nonprofit organizations, individuals, unions and clubs can all make a mark application under the Act. The applicant must provide name, address, nationality or status of the constitution. The application must be signed by the applicant or an authorized agent on behalf of a corporation. A candidate from outside of Trinidad and Tobago must designate a local representative in the application form.
Documents needed for registration
Applicants must first fill out an application for registration in duplicate on A4 paper and file, by Intellectual Property Office (IPO), together with payment of the prescribed fee. The application, the applicant must describe the goods and / or services and identify the class number in accordance with the Nice Classification of goods and services.
Seven specimens of the mark must accompany the application. If the applicant has appointed a representative in the request, the authorization of the agent is presented. If the application is approved, the IPO will notify the applicant or the representative of the approval and send the eu trademark of a day designated for publication. IPO or the newspaper will contact the applicant or his representative and request payment of publication fee.
Europe Trademarks are generally published every Wednesday in a newspaper. Third parties may oppose the trademark application within three months from publication. After the expiration of three months, if no objections are received, the registration certificate is issued upon payment of the tax certificate. If an objection is received, the applicant and the opponent must file various documents and an audience of opposition parties met for a final determination of the matter.
Registration
§ 23 of the Act provides that where an application for registration of a trademark has been accepted and has not been opposed and the opposition period has expired or has been opposed the opposition has decided in favor of the applicant, the Office of the IPO registration of the uk trademark. For registration of a trademark issue IPO office to the applicant on payment of the prescribed fee, a registration certificate. After § 19 of the Act IPO Office may register for such changes, modifications, conditions or restrictions as they deem appropriate.
How long does the registration take?
If no correction for the sign application and the opposition of an application has been registered within six months of an application for the number of trade mark application. Things to do in the trademark application do not guarantee that it is registered. Only signs that meet the legal criteria for registration, the law should be recorded.
Duration of a Trade Mark
A trademark registration of goods is for a period of ten years. It can be renewed by the owner after paying the prescribed renewal fee.
Is there a charge for this service? The registration fee is non-refundable $ 300 TT for the first class of goods / services and TT $ 100 for each additional class. There is no fee for filing for approval of the agent. Filing fee for the Request for Correction of error(s) is $ 20 TT. Fresh Evidence is TT $ 150.

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by Ray Kersten