Question: Which Of The Following Cannot Be Used As A Trademark?

What does a trademark protect?

A trademark typically protects brand names and logos used on goods and services.

A copyright protects an original artistic or literary work..

Can we use objected trademark?

When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. … Once written submissions are made, the Registrar/Examiner either accepts the trade mark or posts a hearing for allowing arguments to be put forth in person.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

How hard is it to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Is slogan a trademark?

Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999.

Which of the following is not protected by trademark law?

The following are not protected by copyright, although they may be covered by patent and trademark laws: works not fixed in tangible form of expression (eg, speeches or performances that have not been written or recorded); titles; names; short phrases; slogans; familiar symbols or designs; mere variation of typographic …

Is logo a trademark?

Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

Is Apple a TM?

A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. … Instead use the appropriate trademark attribution notice, for example: Mac and macOS are trademarks of Apple Inc., registered in the U.S. and other countries and regions.

Can trademark be used as domain name?

The trademark can be used as domain name.

Can I register a trademark without a company in India?

Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply.

What Cannot be used as a trademark?

A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.

What can be used as trademark?

What can be registered as a Trademark?Name. The name can be further categorized as a product name, business name, name of any individual or surnames. … Product name.Business name. A trademark can be taken in the name of the business or company. … Name of a person. … Surnames. … Logo or symbols. … Tag line. … Sound mark.More items…•Aug 8, 2019

What Cannot be registered as a trademark in India?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

What is trademark with example?

“A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.” – defined by dictionary.com. … Name – Coco Chanel is a perfect example of a name that is a trademark.

Can a saying be trademarked?

Federal Trademark Rules These include: Only a phrase that is used for a commercial purpose may be trademarked. You can’t trademark a phrase just because you like it and don’t want anyone else to use it. You must be using the phrase or intending to use the phrase in connection with the sale of goods or services.

Can I get a trademark for free?

You don’t have to register your trademark to have limited trademark protection. But there is another dirty little secret about trademarks: you can apply for a federally registered trademark yourself online, for free, at the USPTO–you only pay the government fees.

How long does trademark last?

ten yearsHow long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What is the cost of registering a trademark in India?

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

What trademark means?

Definition. A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Can you have a trademark without a business?

There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.

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