What is Trademark?
A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.
It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
Who Can apply for a Trademark?
Any person or business claiming to be owner can apply for a trademark including:
• Individual,
• Company
• Proprietor
• Society
Purpose of registering a trademark?
Trademark is a name & face of your trade and people recognized you with this name and face. Therefore it is your identity, which should be protected from being used by others.
What happens, if the trademark is not registered: Anyone says “Tom & Harry” can use this name anywhere and take the leverage of your goodwill in selling their low-quality products or services in the market, thus bringing a bad name for your product and services. Registration of your trademark stops them from using your name and also such infringements can be prosecuted in courts of law.
Can any name be TradeMarked?
Here comes the role of a qualified professional who can understand the trade and your tradename/logo, compare with the existing logo’s and names, advice you on the scope prospects of your trademark application.
Most of the names and logo’s can be registered if they comply with the trademark laws and are different from already registered or pending for registration trademark applications.
My Trademark application is abandoned, What should I do?
Trademark application gets abandoned, in case you fail to respond to the objection or correspondence from the trademark office. After giving a sufficient time and notice, if the trademark office finds that the applicant or his attorney is not filing the reply, they issue an abandoned notice for such applications.
We can guide you on this steps as to what are the chances of reviving your application or getting your trademark back.
What is a well known Trademark?
These are the trademarks that are very famous and known to people at large. After gaining so much popularity, these trademark needs to be protected from being misused. We can assist you in getting this trademarks registered as well-known trademarks and thus getting you protected from all those who intend to register such similar or identical mark.
How Can We Know Trademark application Status?
Our newsletter will be sent to all clients on regular basis giving updates of their trademark application. These follow up, we feel is important and the client knows each stage of the process and will be aware of the next steps and prepared with the documentation and evidence of trademark