TRADEMARKS LAW IN INDIA: IPR
Corporate Professionals takes pride in introducing a classroom series of articles on trademarks, to reach your inbox every week and discuss on issues relating to and around trademarks and the law applicable to them in India in the simplest of language and covering the most basic and yet important things.
What's in a name? "Well, your BRAND!!"
And before you know, your established brand may be infringed and others may be benefiting at your cost!!
A simple yet effective tool for a business, a TRADEMARK is a distinctive name, word, phrase, logo, symbol, design, image, or a combination of these elements or indicator used by an individual, business organization or other legal entity to be identified by its targeed consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.
WHY TRADEMARK? WHAT BENEFITS?
| A trademark not just plays an important role for the development of commerce and growth of the company, but also gives it a legal identity in the industry, trade and business. It is a trademark which provides uniqueness by establishing a relationship between goods and its manufacturer and between service provider and its recipient. | |
When one starts a business, he organizes many activities for the smooth startup. The organization charts business plans and marketing strategies to situate itself in the minds of the general public. While ensuring legal and statutory compliances, one most important registration to ensure is that of the company’s trademark. The importance of this registration cannot be undermined as this protects one`s business name, brand name and services and goods name
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There are numerous benefits to registering a trademark and utilizing the trademark services.
- Registering a trademark heightens the protection a mark receives,
- Registration deters others from using your trademark,
- Registration increases the remedies which would otherwise not be available upon infringement of a mark by third party.
- Registering a trademark protects a company's name or logo, which is often a company's most valuable asset.
- Registration grants the trademark owner an exclusive ownership of the mark
- Registration decreases the likelihood of another party claiming that the ownership to the mark.
- Using symbols such as ® also provide an effective and bold notice to the public about the ownership of the mark.
REGISTRATION IN INDIA
In India, the registration of a trademark is done under the Trademarks Act, 1999. However each registration falls under a specific category of goods or services depending on the goods the mark will be used for. Thus, for registration under the Act, goods and services are classified 45 different categories called classes, out of which 35 deal with goods and remaining with services.
In India, the registration of a trademark is done under the Trademarks Act, 1999. However each registration falls under a specific category of goods or services depending on the goods the mark will be used for. Thus, for registration under the Act, goods and services are classified 45 different categories called classes, out of which 35 deal with goods and remaining with services.
ELEMENTS THAT MAKE A MARK
A few basic elements must be kept in mind for the depiction of a trademark. A well chosen and an intelligent mark is always considered as a most effective tool of attracting the consumers and adding a value far beyond the physical assets of a company. A good mark generally contains the following features:
A few basic elements must be kept in mind for the depiction of a trademark. A well chosen and an intelligent mark is always considered as a most effective tool of attracting the consumers and adding a value far beyond the physical assets of a company. A good mark generally contains the following features:
- It is inherently distinctive and invented (e.g. Kodak);
- It is easy to memorize and pronounce; (e.g. Google)
- It befits the product or image of business (e.g. the photo of a cow in the logo of a milk brand)
- It has no legal restrictions (e.g. should not contain any derogatory words), and
- It has a positive connotation besides standing consistent with the nature and name of the goods.
To SUM UP…
Your trade mark may be seen as the “asset” where the reputation of the brand and the proprietor (and the reputation of corresponding goods or services) is contained. For this reason, a trade mark and service mark can be one of the most valuable and important assets of a business and should be protected adequately.
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