trademark and its registration
A trademark is a logo or symbol used by an individual or legal entity to identify the products that it appear from a unique source and to distinguish the products and services from other entities. Trademark may be a symbol ,phrase, logo,image or combination of these elements. In general we can say that trademark helps us to distinguish the goods of one party from others. Trademark is a important identity which helps the consumers to identify and purchase a good because of unique trademark . Trademark registration is a important part to be done by the owner of the trademark. Registering a trademark provides protection to the owner and deters others from using your trademark. Registering a trademark helps the owner of trademark to protects its goodwill of business. We can say that trademark contributes to the commercial value of goods to which it is applied and helps to increase the marketability.
The owner of a registered trademark can have a legal proceedings for trademark infringement to prevent the unauthorised use of his trademark. Trademark infringement occurs when one party uses the trademark which is identical or similar to a trademark owned by another party. The owner of the trademark may commence legal proceeding against the another party which uses its registration. The registered owner of a Trademark had the right to use the Trademark and can indicate it by using the Trademark symbol (TM) in relation of those goods and services for which the owner has registered the Trademark. The registered Trademark owner also has the right to stop other traders from using his Trademark unlawfully. In India Trademark law does not provide registration for all marks used in trade and business. Only some of the marks that satisfy the requirements are registrable. Trademark registration in India includes the following requirement of the mark that are to be registered:
1. The mark which is to be registered should be capable of represented graphically.
2. The mark should be capable enough to distinguish the goods from one another.
During the Registration of trademark in india we have to fulfil the certains conditions which are given above. But there are certain things which are not to be included and which are also not registarble in india. Some of these are like:
1. Marks that contain matter which hurts the religious parties
2. Marks which causes confusion
3. Marks which contains company name are also not considered
4. Marks prohibited under the Emblems are also not registered
Trademarks logo requires additional considerations then only registering a trademark. For trademark logos the design should be searched after searching the design the trademark lawyer reviews the design so that your trademark logo should not infringe upon other trademark logos. Your trademark lawyer advise you further for the using that logo or not.
Tm-India is one of the leading law firms in India, We offer trademark registration in india, brand registration,patent registration, trademark litigation, trademark infringement, logo registration at affordable price.
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