A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics. Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.
In India, trademarks are registered by the Controller General Of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
Trade Marks / Brand Name
Search, Registration, Renewal, Oppositions & Legal Proceedings before Appropriate Tribunal / Board / Court: ( under The Trade Marks Act, 1999 ); Brand Name, Headings, Labels, Names, Signatures, Words & Letters, Numeric and Alphabetic Expressions, Logo / Mono / Sign / Sound of the Firm, etc.
Service Marks ( under The Trade Marks Act, 1999 )
like Trade Marks Activities for all type of Service Provider Industries like – Hospital, Restaurants, Hotels, Educational Institutions, School, Colleges, Universities, Talkies, Amusement Parks, Banks, Couriers, Banking, Beauty Parlours, Slimming centres, Health Care, Security, Manpower Services, Advertising Agencies, Telecommunication, Automobiles, consultancy services, Testing Labs, Transports, Cargo, Computer Programming & other Services
Through the registration of your Intellectual properties under relative Acts, the Registered Proprietor/owner may acquire legal remedies like:
Civil Remedies: IPR owner has right to file a civil suit before the appropriate court for compensation and temporary/permanent injunction against the person/firms/companies who are involved in infringement or passing off of your mark, name, style, designs, goods or services.
Criminal Remedies: IPR owner has a right to file criminal complaints against the person who are infringing your I.P.R.
Administrative Remedies: Trade Mark, Design, Patent, and other IPR registered owner has rights to file a complaint before the Police officer of the rank of C.S.P. against the infringer to get seized or banned the goods, process, designs or services on the spot.
Passing off remedies– these are common law remedies where un-registered trademark owner can legal relief from the appropriate court of law.
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