Can I put the name of National Parks on t-shirts or are they protected by copyright or Trademark?
How does the Name of National Parks relate to Trademarks?
Names and titles are not protected by copyright. They can, however, be trademarked. The national parks are all registered trademarks. In the United States, the use of national park service trademarks and national Park foundation trademarks for commercial purposes can only be used on merchandise when the person enters into a complete agreement through a license with the national park foundations. The use of such names of national parks on merchandise is strictly regulated by the terms and conditions of the agreement.
Yosemite National Park is a park that expands with an area of 7,45,000 acres and has lofty mountain peaks. But a company has trademarked the name. The company’s name is Delaware north. Recently the contract got over there Delaware north gave up the ownership. But still, the lawsuit is in progress. The national park services claimed to the trademark trial and appeal board to cancel the trademark registration of Delaware north
How to get a Trademark in the US
The main function of getting a trademark is the protection in form of a brand name to use the particular good and service. Patent protection invention whereas copyright protects a literary work. Now you might be wondering how do we get a trademark? Well, the process is simple. We are here with a guide to help you out.
First of all, you need to apply for trademark protection through a registration process. Also, you need to make sure that the mark you are getting trademark does not go against the public policy or is capable of being registered legally. Moreover, the trademark should not have been used earlier by any other company or should not create confusion by looking similar. Therefore, from the large database of trademarks, you need to search and keep your marks unique. Make sure that you follow the mark format and also classify the perfect identification of goods and services.
After searching the file of your application. You need to set up a USPTO account and then file the application online by paying a trademark fee. You can monitor the application status. The person who is examining your application will either accept it or reject it, and in case of objections will tell you to make changes. The examination authority will make a publication in the official gazette and also send you a notice regarding the same. Any person who believes that the trademark is damaged can apply to the examining authority within 30 days from publication. If there is no opposition then the trademark can be registered.
Once it is rejected a letter will be issued explaining the substantive reason for refusal. Within six months you can respond to the letter if not the application will be declared abandoned. If your application is approved, you can use it
How to get a Trademark in India?
In India also the trademark registration process is quite similar. A trademark when it is registered is an untouchable asset that protects the rights of the owner and the brand. The trademark is registered by the controller general of patent design and trademark, which falls under the Ministry of commerce and industry. A trademark registration gives credibility to the company and builds belief amongst the society.
The first and foremost step for treadmill the station is to search for a trademark and qualify a new trademark from the various rules and regulations prescribed by law. Then you need to file a trademark application through form TM-A. It can also be filed online through the IP India website or offline at the trademark office. Once it is filed the examination of the trademark will take place by the government authority as per the guidelines of the trademarks act, 2016. The authority will put up the trademark in the official gazette and within 30 days if any person has objections will revert. In case of no objection to the registration application will move further and once the examiner is satisfied the trademark will be granted.
In case there are objections then the parties will be brought to the tribunal to settle the dispute. The person will also need to reply to the examination report and will be given a chance to be heard before the examiner. After being satisfied, the application is accepted and the trademark is to be advertised and published in the trademark journal for four months. Within four months, in case there are objections they will be entertained. After the collapse of four months, the trademark will be issued a certificate will be granted within one week. The trademark is valid for 10 years
Trademark rights can become extremely valuable, so it is critical to determine whether or not you have privileges in a mark you are using. Startups should understand that equity of tangible property does not always imply ownership of related intellectual property rights.
