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A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business. It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
NAME A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Aziz Premji can be trademarked.
WORD A word which is not being directly descriptive of the character or quality of the goods / service. For example Microsoft is a word which has been trademarked.
NUMBERS Alphanumeric or Letters or numerals or any combination thereof. For example 501 brand.
IMAGE Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
IMAGE Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
SOUND Sound marks in audio format. For ex the sound in the ad jingle.
Client has to provide Required documents for processing
Trademark is checked for availability
Application is prepared and sent to client for approval
Client approved the application content
Application is submitted to the department
Approval of Trademark may take upto 18-24 Months. Certificate will be sent to client directly by department
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.
You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.
Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.
Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.
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