Trademark

Trade Mark: – A trade mark is a mark which can be represented graphically and which can distinguish the goods and services of its proprietor from those of others. Apart from the conventional trademarks, a symbol, sound, smell, colour, punch line, iconic jingles can also be a trade mark if it is capable of graphical representation. A trade mark lends exclusivity of use to its proprietor and if it is used aggressively and continuously to promote one’s product, it has the potential to create an ever-lasting impression in the mind of general public. While selecting trademark we should choose a word which can be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services,

The trademarks shall not be registered  which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person, which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services, which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, it is of such nature as to deceive the public or cause confusion, it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, it comprises or contains scandalous or obscene matter, its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950,he shape of goods which results from the nature of the goods themselves, the shape of goods which is necessary to obtain a technical result, the shape which gives substantial value to the goods.

The registered 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 (R), and seek the relief of infringement in appropriate courts. Registered trademark owner can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

Registered trademark protection is granted for a 10 years from the filing date of the application and then subject matter of renewal for further.

BENEFITS OF TRADEMARK

• Legal protection:
• Prevent consumer confusion & Product differentiation
• Create a company’s brand and reputation recognition:
• Creation of an asset:
• Business valuation and goodwill:
• Trademark recognition:
• Business expansion: