Trademark
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What is a TRADEMARK ?
A trademark, or "mark," is any word, phrase, symbol, design, sound, smell, color, product configuration, group of letters or numbers, or combination of these, adopted and used by a company to identify its products or services, and distinguish them from products and services made, sold, or provided by others The primary purpose of marks is to prevent consumers from becoming confused about the source or origin of a product or service. Marks help consumers quewer the questions: "Who makes this product?" and, "Who provides this service?"
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Collective Marks
A COLLECTIVE MARK is a trademark or service mark used, or intended to be used by the members of an association, or other collective group or organization, including a mark which indicates membership in an association, or other organization
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Service Marks
A service mark is another type of mark. Service marks indicate the source or origin of services (as opposed to goods). For all practical purposes, trademarks and service marks are subject to the same rules of validity, use, protection, and infringement.
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Function of TRADEMARK
It identifies the goods / or services and its origin. It guarantees its unchanged quality. It advertises the goods/services. It creates an image for the goods/ services.
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Benefits of TRADEMARK registration
Regd. Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark. Sue for damages and secure destruction of infringing goods and or labels. The Government: The Trade Marks Registry is expected to earn revenue of nearly Rs.40 crores during the current year and which is perpetually on the rise.
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Type of TRADEMARK can be registered
Product trademarks: are those that are affixed to identify goods Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services. Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features Collective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.
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What do the symbols TM, SM and signifies ?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim. However, you may use the registration symbol "®" only after the Trademark Registry actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the trademark registration.
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Indian Trademark Act.
Trademark Act, 1999 have some distinguished features then Trade and Merchandisers Marks Act, 1958. According to Trademark Act, 1999 duration of registration has been extended to 10 years which was initially 7 years. Now registration procedure is much simpler and it includes registration of service marks and collective marks also.
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Good to know :
Search before you register a trademark. If you would like to register a trademark that is similar or identical to one that is already registered, your mark may infringe on the prior one. The owner of the prior trademark could demand the cancellation of your trademark and may ask for financial compensation. SO its advisable that to do the Search to ascertain whether particular trademark or identical trademark has been filed by someone else or not. Select your goods and service classes carefully. A trademark is always protected only for certain classes of goods and services. When you register, you must indicate the goods and services for which you would like to register and use your trademark. If you don’t use your trademark for the products (or services) you claimed within five years of registration, you can lose your trademark protection. Consult a trademark attorney. We would be glad to quewer your questions about the registration procedure, & we would like to represent your trademark in registry on behalf of you.
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Why Trademark Attorney Is Required ?
Trademark Attorney could be a person, who can act in trademark matters, or a firm who can provide legal and expertise advice on trademark. In many countries trademark attorneys are separate legal professionals, working as lawyers. We as a trademark attorney closely monitor the procedure and also provide guidance, advice in trademark filing & registration; we carry out search & handle oppositions, on the behalf of you. We believe that Trademark is not only valuable asset of the company but also goodwill of company. It should be protected under law so it needs an expert's advice, which should be accurate and appropriate.
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How to select a TRADEMARK
If it is a word it should be easy to speak, spell and remember. The best trade marks are invented words or coined words. Avoid selection of a geographical name. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc) It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.
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