Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. Trademark (symbolizing a mark in trade) 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 shape of goods, their packaging and combination of colors. Essentially it is anything which identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.
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My Company Name is already registered under the Companies Act Why should I go for trademark registration of my company name trade name?
Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.
Can I use the symbol?
You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offence, with penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.
Is the registration of trademark compulsory?
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
What can be registered as a trademark in India?
Following marks can be registered under Indian Trademark Law:
- Invented words
- Combination of Colors
- Shape of goods
- Sound marks
What are the qualities of a good trademark?
- Easy to pronounce, spell, remember
- Should be distinctive and should not have deceptive similarity
- Should not be descriptive
Can sound and smell be registered as trademark in India?
Yes, sound and smell can be registered as trademark in India under the Indian Trademark Law.
What is a service mark?
A service is same as a trademark except that it identifies and distinguishes the sources of a service rather than a product.
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