A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. Customers identify a product by its trademark. Value and importance of trademark increases as the business grows. Trademark is a valuable property of any business. Sometimes trademarks like Coca-Cola, Pepsi, IBM, Philips, etc. get worldwide recognition. It is necessary for a business that a trademark is not used by an unauthorized person. The Trademarks Act, 1999 has been enacted with an intention to protect rights of trademarks of business.
The foundation behind right to restrain the use of a similar name is the principle that no one is entitled to represent his business or goods as being the business or goods of another. A trademark may consist of a device depicting the picture of animals, human beings, etc., words, letters, numerals, signatures or any combination thereof. Since a trademark indicates relationship in the course of trade, between trader and goods, it serves as a useful medium of advertisement for the goods and their quality.
Navigate to website of the Comptroller General of Patent Designs and Trademarks and follow these steps:-
Selecting the option “show details” would display information pertaining to the trademark. Trademark must not be registered same as any existing one. If the results show no results found then there’s no registered trademark same as searched ones.
Patent search is done to verify the uniqueness of your invention. Patent can’t be similar or same to any other patent. P
Trademarks are those marks which helps business to get identified in market. It is very easy to get trademark registered but it is preferred by most of the business to get it done professionally in order to avoid any unwanted consequences.
Trademark consultation with professional is very much convenient. It has following benefits-
An application not filed in a manner prescribed can be rejected and applicant will get no legal right on the trademarks. That’s why it is good to get trademarks registered professionally.
Trademark Registration
Trademarks are those marks which help businesses to get identified in the market. Trademark registration India is under the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999. Trademarks are intellectual property.
Types of Trademarks
After the scrutiny and verification, registrar issues an examination report for trademark. In that report registrar can come up with an objection. A response to this must be filed within a month otherwise registrar will abandon the application.
Assess the examination report. You must get it done professionally. Get assessment of implications of notice. Get drafted objection reply and review it. Submit the response.
The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal. Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be filed before the deadline to have the seamless protection of the trademark without any chances of litigation.
The process for the same is as follows:-
The Trademark Registration is registering of visual symbols which can be a word, name, device, label, digits, etc. Trademark registration in India helps the candidate or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to evade duplication within the trademarks.
The easy way to get trademark registration done, involves the first step as “selecting a name then do a trademark search, after that file an application for the trademark registration”. Then fill the required documents like the name of the trademark or address. Then the application is examined after that the trademark is published in the Indian Trade Mark Journals. Lastly, the issuance of the trademark registration certificate.
The cost of registering trademarks starts from almost Rs. 6000/-
The process to get trademark registration: Step 1: The first step is the choice of a trademark. Step 2: The applicant must search the trademark records registry and assures that the proposed trademark does not match or the same to the registered mark. Step 3: The search can be done online or by the trademark office. Step 4: It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.
The process to get trademark registration: Step 1: The first step is the choice of a trademark. Step 2: The applicant must search the trademark records registry and assures that the proposed trademark does not match or the same to the registered mark. Step 3: The search can be done online or by the trademark office. Step 4: It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.
Every applicant including corporations will have to give the following documents to get a trademark registered: – “Address proof of the person or company registering for the trademark, a copy of the logo, certificate of partnership deed and ID proof of the person registering for the trademark”.
Trademark infringement is basically the illegal use of a trademark or service mark linked to goods and services.
