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What is Trademark Registration?
A trademark generally refers to the “brand” or “logo” Taglines, captions, business name, etc needs the trademark registration. it’s the visual symbol that is employed by the owner of the trademark for goods or services or another purpose for the commerce of trade to discriminate it from other similar goods or services originating from different businesses. it’s employed by manufacturers or service providers to spot their own products and/or services from many others easily. it’s wont to discriminate the owner’s products or services from goods of its competitors.
Trademark registration permits owners to simply establish their right to the trademark in court and obtain royalties.
The Best Example of Trademarks
Pepsi and Coca Cola are 2 trademarks of an equivalent industry. The trademark helps to acknowledge the source of the products also as a touch of quality.
Authorities Who Register IT
The authorities like The controller general of patents designs and trademarks and therefore the Ministry Of Commerce And Industry also the govt Of India registers the trademarks in India. Trademarks are registered under the well-known Trademark Act, 1999.
The trademark owner possesses the proper to prosecute for damages when violations for trademarks happen.
If any trademark is identical or almost like a prevailing registered trademark is applied for trademark registration then it can’t be registered because it may cause confusion with the first trademark.
Who can Apply for Trademark Registration Online?
The application for trade make are often made by a person who is a private, company, proprietor or legal entity claiming to be the owner of the trademark.
What is the Validity of Trademark Registration India?
Once the trademark registration is completed it’s valid for 10 years from date of filing and may be renewed from time to time
Types of Trademark in India
Various type/forms of a trademark are as follows
Product Mark helps to spot the products or goods in situ of services. Here the merchandise is that the unique selling feature of the corporate.
In the beginning, the merchandise marks are represented by TM, which states that the mark isn’t yet registered but it’s within the process of registration. Once they’re registered, they need to use ® to offer it recognition within the market. this is often common practice applicable to all or any sorts of trademarks.
Examples: Pepsi®, Maggi®, etc.
This type of trademark is employed to acknowledge and differentiate the services instead of the goods/product provided by any enterprise.
The Service marks have their particular character which is SM. a really prominent/ commonest example is McDonald’s, which may be a service mark for restaurant services.
3. Collective Mark
As the name suggests these marks are related to a gaggle of individuals and not one single product/service. These trademarks are mainly owned by a corporation, institutes or any association that’s associated with several members.
Examples are like the “CS” device is employed by the members who fall into the Institute of Company Secretaries.
4. Certification Mark
This is produced to point out the quality of a corporation i.e. it’s to point out that a trader’s goods or services are certified as they’re meeting particular required standards. Example: Wool mark, ISI, etc. is that the finest example of Certification Mark
5. Shape Mark/Pattern Mark
Here the pattern is in a position to differentiate between the products.
6. Sound Mark:
It is introduced for registration of sound graphics that discriminates the products and services of 1 from another.
Example: Nokia tune
Advantages of Trademark Registration
Benefits of registering trademark are as follows:
- Legal Protection
- Good Will/Trust
- Brand Value
- Business Opportunity
- Unique Identity
- Exclusive Rights
- Power to Transfer Trademark to Other for Consideration
The difference in Trademark and copyright
- Applies to word, logo, slogans
- Business owners are the applicant for trademark
- It lasts for 10 years
- Applies to photographs, movie, music, software code
- Creative professionals are basically the applicants
- It lasts for 60 years from the date of publication or lifetime of person + 60 years