Trademark Registration : | ||
What is Trademark? | ||
Trademark is a name, device, mark or logo which is capable of distinguishing the goods or services of one person from those of others. Trademark may also consist of drawings, symbols, three dimensional signs such as shape and packaging of goods or colors used as distinguishing feature. | ||
What does trademark indicate? | ||
Trade mark is a discrete indicator used by a legal entity such as business house, individual or a firm so that the consumers can easily identify their product or services. | ||
What is the importance of a trademark? | ||
• It identifies the source of the goods/manufacturers. • It acts as prime instrument in advertising and selling the goods. • A registered trademark gives the right to exclusive use of the mark. • A registered trademark serves as a proof of certificate in court proceedings. |
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What does a trademark guarantees? | ||
• It guarantees consistent quality by showing an organization's commitment to its users and consumers. • It is a form of communication, a basis for publicity and advertising. |
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How is trademark associated with the business? | ||
Trademark is often associated with the brand itself so a good trade mark is almost synonymous to a good business and great line of products and services. Proper selection of the trademark is necessary for business as well as legal point of view. | ||
How a does a trademark protects a business? | ||
A strong trade mark creates an identity, builds trust, distinguishes you from the competitions, and makes communication between seller and buyer simpler. As lot of money and time is often invested in creating a brand name for itself, it is worth paying something to protect it from misuse. | ||
How to select a trademark? | ||
While selecting a trademark the following points to be kept in mind: • A trademark is required to be capable of distinguishing the goods or services of yours from those of others. • It should be a word or device or any combination of these. • It should not describe the qualities or character of goods/services. • It should be an invented or coined word. |
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How to select a trademark from business point of view? | ||
While selecting a trademark the following points to be kept in mind: • A trademark is required to be capable of distinguishing the goods or services of yours from those of others. • It should be a word or device or any combination of these. • It should not describe the qualities or character of goods/services. • It should be an invented or coined word. |
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How to select a trademark from business point of view? | ||
From the legal point of view, the trademark should not fall under section 9 and section 11 of the Trademark Act, 1999 which mentions all absolute grounds for refusal, i.e. it should not be a personal name, surname, geographical name, name of a tribe / caste or refer to the character or quality of the goods. A good trademark should be an inherently distinctive trademark, preferably an invented or coined word. | ||
Who can file an application for registration of trademark? | ||
The owner or user of the trademark can file an application for trademark registration. Trademark can be registered even in the name of individual, company or partnership firm which can be represented by its proprietor or partner or director as the case may be. | ||
How can I apply for registration of a trademark in India? | ||
You can apply for registration of a trademark through a trademark agent or a trademark attorney who is registered under The Trademark Act, 1999. | ||
What is the duration for registering a trademark in India? | ||
The normal duration for obtaining registration in India is approximately 18-24 months from the date of filing application in a straight forward case. This would however depend on the contingent factors of the case. | ||
Can I register a trademark before starting a business? | ||
Yes, you can register a trademark before your business start up as propose to use mark. | ||
What is a registered trademark? | ||
The law considers a trademark to be a form of property. A trademark establishes proprietary rights through the registration under Trademark is called registered trademark. | ||