A trademark is any mark that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors. Trademark could be in the form of distinctive words, Letters or Numerals, Graphical Devices, Colour Combinations, Three-Dimensional Signs, Audible Signs (Sound Marks), Olfactory Marks (Smell Marks), Invisible Signs (like those that may be recognized by touch) or any combination thereof, provided the sign is capable of identifying the source or origin of the products or services and can distinguish the products of one seller from that of another. Trademarks or Trade names used to identify services are usually called Service marks.
Not all marks can be registered as trademarks. A mark cannot be registered if it renders a likelihood of confusion in the minds of the public, if the mark is too generic (when it defines the type of goods or services offered through the mark), if the mark is too descriptive of the kind, quality, characteristics of the goods sold, or if it is deceptively similar or identical to a trademark that has already been registered. Trademarks are often allotted to a particular class of goods, in accordance to what is popularly referred to as the 'NICE classification'.
National or regional trademark registration is a legal title to intellectual property in much the same way as a deed is title to a piece of real estate and same is valid for a period of up to 10 years and same can be renewed thereafter. A registered Trademark can be licensed, sold or even mortgaged. The value of a brand name could depend upon a company’s popularity, goodwill and reputation gained over a period of time. Where there is infringement, the registered owner usually sends Cease and desist letters, obtain injunctions against the competitor who infringes their trademark through the court of law and claim damages for the losses incurred.
In most jurisdictions, if a Trademark is not used or utilised for certain number of years, the registration of such a mark can be revoked at the instance of the new or actual user of the mark by filing request for Rectification or cancellation for reason of non-use by registered owner.
Need for Trademark Listing
Zwapall is a Private Global Market Network which helps you to unlock the value of your Intellectual Property.
Trademarks or brands need to be listed for the following reasons:
- Buyer’s or potential licensees who are looking for a ready to use registered trademark under a particular class of goods or services would be interested to buy and use it safely without worrying about getting a new brand name registered or other legal complications.
- An entrepreneur may wish to buyout marks which are identical or similar to his/her marks to protect their long term interests.
- Entrepreneurs who are finding it difficult to register a mark because of the existence of a prior pending similar or identical trademark under same class of goods or service may buy an already registered identical or similar mark. Such buyers can file a fresh application with logo or stylized font or artistic work of his choice by associating his new application with the prior registered mark.
- Registered Trademark owner who is not planning to use the mark for certain goods or service for which it was registered can sell or license their Trademark by listing or posting the same on this site for a reasonable value. Otherwise if the mark is not used for a certain period of time say 4-5 years, an interested third party shall have the right to request the TM registry to cancel it.
- Registered Trademark users who wish to provide franchise or an Entrepreneur who finds a mark attractive and easily marketable can obtain license to use the mark from the registered owner for a particular region.
Buyers can post requirement for buying registered brands and Sellers can post for sale or license. Sellers and Buyers shall have the option to remain anonymous until the point of sale or license.
Zwapall Trademark Facilitation Service
A Buyer who do not wish to disclose their identity until the point of purchase due to several reasons or Seller and Registered Trademark owner who do not wish to negotiate with buyer directly due to lack of experience in negotiating maximum value for his /her Trademark can use the services of Zwapall team. Zwapall monetizes trademarks for you and charges only a reasonable contingency fees. Zwapall team also provides match making service if Buyers and Sellers are too busy to frequently check the listing/posts on the site.
Trademark Services through trusted Zwapall Business Associates
Zwapall arranges third party support or its in house IP department team for Preparing Licensing and Assignment agreements, Preliminary Trademark search and advice, Freedom To Operate Search in foreign markets, International Trademark registration in over 180 plus countries, Trademark renewal, Trademark watch dog services, Trademark or Intellectual property (IP) Portfolio management services, Trademark Valuation services etc.