| What is Trademark? : "Trademark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs. |
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| Trademark registration can be done for the following |
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Any word, title, symbol, heading, label, name, signature, numeral or any combination there of. |
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Any Slogan, Base or Punch Line, etc. which are used to highlight the products and services. |
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| Advantages/Benefits of Trademark Registration |
Trademarks benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers, and thereby grow or expand their business. They allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn't like. |
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| Functions of a Trademark/Brand Name |
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It identifies the goods and services and its origin or owner |
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It advertises the goods and services |
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It creates and image for the goods and services |
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It stimulates further purchase |
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It serves as a badge of loyalty and affiliation |
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It may enable a consumer to make a life style or fashion statement. |
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| Term/Duration of a Trademark in India |
| The term of registration of trademark is 10(Ten) years, but may be renewed subject to the payment fo the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999. An application for renewal of a trademark can be filed within six months from the expire of the last registration of trademark. |
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| Use of the 'TM', 'SM' & 'R' Symbols |
'TM' Symbol : Generally, one who has filed an application (pending registration) can use the TM (Trademark) symbol with the mark to inform the public of his exclusive claim over the Brand. The claim may or may not valid.
'SM' Symbol : An SM symbol indicates Service Mark, which is the same as a Trademark except that it identifies and distinguishes the source of a service rather than a product.
'R' Symbol : The registration symbol ® May only be used when the mark is registered and the Certificate of Registration is issued by the Trademark Registrar.
Out of all above symbols TM symbol is one of the most popular and widely used symbol to indicate the application or registration of Trademark. |
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| Our Trademark Services includes : |
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Preparation and filing of your trademark application. |
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Trademark Portfolio Management. |
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Notifying acceptance of the objections or application by the trademark office. |
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Counselling the publication of application in trademarks journal. |
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Providing status of trademark registration/ scope of trademark protection. |
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Renewal, opposition, rectification of trademarks. |
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Trademark infringement analysis. |
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Action of infringement and passing off. |
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Trademark watch & litigation. |
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Trademark licensing and transmission. |
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Assignment, licenses and transmission, drafting deed form, consequent registration of assignment, etc. |
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| Filing : |
Step1 : Search to ensure feasibility of registration |
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Step2 : Prepare necessary documents |
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Step3 : File a Trademark application |
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| Examination : Examiner at the trademark office checks whether the proposed mark is in compliance with trademark law and does not seem similar to others existing registered or pending trademarks. |
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| Publication : once the application is examined and approved, the proposed trademark is published in the Indian Trademark Journal. |
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| Opposition : Interested parties can oppose the trademark once it is published in the journal. If an opposition is not raised within 3 months from the date of publication, the proposed mark proceeds to acceptance. |
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| Registration : On acceptance, the registrar issues a certificate of registration under the seal of the Trademark Registry. |
