Trademark

A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify for consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements, Slogan, Base or Punch Line, etc. which are used to highlight the products and services.Registration is based on class: goods and services are sub-classified into many different classes: precious metals, medical services, for example. A trademark is only protected within the class that it is registered, and therefore only protected form third parties offering similar goods or services. It is always beneficial to register a trademark across several classes in order to broaden the scope of protection.

Silent features of Trademark

  • The owners of a trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark.
  • The term of registration of trademark is 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee
  • TM (for an unregistered trade mark, that is, a mark used to promote or brand goods)
  • ® (for a registered trademark)

Trademark registration process

  • Finalising Mark / Logo / Composite logo to be registered as Trade Mark
  • Checking for the availability  with Trade Mark Registry
  • Analysing the  Class under which the Trade Mark to be registered
  • Processing the  application form with Trade Marks Registry
  • Receiving  the acknowledgement form Trade Marks Registry

Advantages of Trademark 

  • Acts as shield for your goodwill
  • Protects Name / Brand Name from being used in a same or similar fashion, by any one
  • Delivers the status of ‘Branded Goods’
  • Impression to customers that the company is selling standard Products or Services
  • Exclusive right to the use the trade mark in relation to the goods or services
  • Relief from infringement of the trade mark.
  • Liberty to assign (transfer) the trade mark for consideration