A trademark is a sign that you can use to distinguish your business’ goods or services from those of other traders. A trademark can be represented graphically in the form of your company’s logo or a signature. Through a registered trademark, you can protect your brand (or “mark”) by restricting other people from using its name or logo. Once acquired, a trademark can last indefinitely as long as you renew it every 10 years. Because a registered trademark is a form of Intellectual property, you can license or assign it to others.
Registering a trademark protects a company's name or logo, which is often a company's most valuable asset.
When someone registers for a trademark, it grants the trademark owner an exclusive nationwide ownership of the item.
Registering a trademark decreases the likelihood of another party claiming that your trademark infringes upon their trademark.
Any person “claiming to be the proprietor” of the trade mark ‘used’ or ‘proposed to be used’ by him may make an application in the prescribed manner for registration of his trade mark.
Unregistered Trademarks is one which does not possess legal benefits. But in some cases unregistered trademark may get common law benefits. Unregistered Marks are defined as marks which are not used in relation to goods or services (that is names, marks or logos used in relation to a business) or marks which otherwise do not qualify for registration may nevertheless be protected by means of passing-off action.
The basic difference between the protections available for registered trademarks and unregistered trademarks is that the former is a statutory remedy and the latter is a common law remedy. In order to establish infringement with regard to a registered trademark, it is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark and no further proof is required. Unregistered trademarks may gain protection, where the goods and services have a highly significant position in the market for sales in that particular class of goods and services. These trademarks are used in the course of trade which is well known to the public in India.
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark
The two symbols associated with Indian trademarks ™ (the trademark symbol) and ® (the registered trademark symbol) represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark following registration with the relevant national authority.
A service mark or servicemark is a trademark used to identify a service rather than a product.
A collective trademark, collective trade mark, or collective mark is atrademark owned by an organization (such as an association), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.
Yes, The Indian trademark law is TRIPS obedient and provides for protection of well known trademark and recognizes trans-border reputation.
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