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Trademark Registration

A trademark includes - word , name, device, numerals or combination of colours used by one undertaking on goods or services or other articles of trade to distinguish it from similar goods or services from that of other. The trademark should be capable of distinguishing the goods or services of one from those of other trademark in existence. Trademark should be used or proposed to be used mark in relation to goods or services for the purpose of indication. Trademark should be easy to speak, spell and remember.

Any person, claiming to be the proprietor of a trademark used or proposed to use as Trademark can apply for trademark registration. The right of a trademark may be acquired by either Trademark registration or by use in relation to particular goods or service. The application for trademark registration should contain the trademark, the goods or services, name and address of applicant and agent with power of attorney, period since it is used.

Types of trademarks in India

  • Any name including personal name of applicant or predecessor in business which is not unusual for trade.
  • An invented word not being directly descriptive of the character or quality of the good or service
  • Letters or numerals or any combination thereof.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colours or even a single colour in combination with a word or device
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented

Advantage of trademark registration.

  • Trademark registration identifies the goods or services and its origin.
  • Trademark registration guarantees its quality
  • Trademark registration advertises the goods or services
  • Trademark registration creates good image for the goods or services
  • The Registered Proprietor of a trademark can protect his products or services, he can stop other from unlawfully using his trademark and can sue for damages and secure destruction of infringing goods
  • The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol
  • The Registered user of trademark can get relief for infringement in appropriate courts.

Trademark Registration