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What is a Trademark?

Written by Kanika Maggo Dt. December 6th, 2022

The term trademark refers to a visible device, phrase, word, or symbol that denotes a selected product and legally differentiates it from all other products of its kind. A trademark exclusively pins down a product as belonging to a selected company and recognizes the company’s ownership of the brand. Trademarks are generally considered a form of intellectual property and may or might not be registered.

Key points:

  • A trademark is an easily visible device symbol, phrase, or word that denotes a specific product.
  • It legally differentiates a product or service from all others of its kind and recognizes the source company’s ownership of the brand.
  • Trademarks may or may not be registered and are denoted by the ® and ™ symbols respectively.
  • Although trademarks do not expire, the owner must make regular use of it in order to receive the protections associated with them.

There are three types of trademarks:

  • Trademark protection in India demands that people use it regularly, building up rise and release across all platforms. They also help in security, allowing for easier enforce.
  • A trademark (for products),
  • A service mark (for service hung )
  • A trade dress (unique packaging).

Rights of a Registered Trademark Holder
It is not compulsory to register your trademark. Not with standing registering it provides broader rights as compared to the rights of an unlisted trademark. It is awkward process. But one time registered, it leaves with the holder certain high rights. Let us list them out.

  • The Right to Exclusive Use
    Exclusive right to use the trademark concerning the products and goods for which it was registered, under some conditions. If there are more than one proprietors in whose name the trademark is registered, each of them will have the same right against unlisted stoners.
  • The Right to Statutory Remedy for Any breach
    As the possessor has exclusive rights over the registered trademark, he/she can seek legal answers to any class of infraction of their registered trademark, in a manner defined by law.
  • Right to Assign
    A registered trademark possessor has the right to transfer of ownership. They can provide effectual receipts for such assignments.
  • Right to Register Correction
    The Owner of a Registered Trademark can apply for correction of the register with greetings to the name, address, or description of the registered possessor. He has the right to indeed cancel out any entry of trademark on the register, or strike out any class of goods and services from the register.

Trademark Registration In India
Investing your time and money to build a particular brand and seeing the same brand name being used by another, burgling you of your hard-earned brand name is not an agreeable state of affairs. Multiple a time, trademark (TM) proprietors end up in to make longer case because when the time was right, they did not do trademark registration in India of their brand name.

  • Trademark Guest
    Multiple entrepreneurs do not comprehend the significance of a TM guest. Having a unique brand name in mind is not good enough reason to avoid a TM guest. TM guest helps you to know if there are related trademarks available and it gives you a fair picture of where your trademark stands, on some occasions and also gives you a notice of the possibility of trademark action.
  • Filing Trademark Application
    After you are sure that your chosen brand name symbol is not listed in the Trademark Registry India, you can resolve for registering the same. The first step is to file a trademark employment and at the Trademark Registry India. At the present time paper mainly done online. Once the exercise is filled an authorized bill is right off and issued for future reference.
  • Examination
    After a trademark employment is filed, it is examined by the observer for any difference. The examination might take around 12-18 months. The observer might accept the trademark absolutely, conditionally or object even so accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the challenges would be mentioned in the examination report and a month’s time would be given to fulfill the conditions or response to the challenges.
  • Publication
    The step of publication is incorporated in the trademark registry process so that anyone who objects to the registering of the trademark has the chance to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registry. In case there is opposition; there is a fair sound and decision are given by the Registrar.
  • Registration Certificate
    Once the employment proceeds for trademark registry, following publication in Trademark Journal, a registry enrollment under the seal of the Trademark Office is issued.

A trademark in India is registered under the Trademark Act, 2016. The Act authorizes the holder of the trademark to sue for damages and trademark infringement when contraventions of the trademark do. To acquire the aforementioned rights of a registered trademark holder, you might want to get your trademark registered.

Written by
Kanika Maggo
Articled Clerk

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