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Trademark Registration


What is a Trademark?

Trademark is a branch of intellectual property rights. A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises.


Before 1940 there was no law on trademarks in India.


Benefits of Registered Trademark 


1 Trademark identifies the owner of the product.
2 If there is an infringement of trademark, the owner of the registered trademark can take legal action
3 No one can use it without your permission 
4 Creation of assets. 
5 Helps you to build trust and goodwill 
6 You can sell your trademark


Watch the below video to know about the benefits of Trademark in India. 





What can be registered as a trademark?

1 Word 

2 Image 

3 Name 

4 Numbers 

5 Sound 


There are so many types of trademarks in India. You can watch the below video to understand the types of trademarks in India. 



Who can all apply for a Trademark?


A trademark application can be made by:

1  Private firm
2 Individuals
3 Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
4 NGO’s


Designation of trademark

Trademark is designated by:

  • ™ (™ is used for an unregistered trademark. It is used to promote or brand goods).
  • ?  ( used for an unregistered service mark. It is used to promote or brand services).
  • R   (letter R is surrounded by a circle and used for registered trademark).

  

Absolute grounds for refusal of registration


1.    It frauds the public or causes confusion.
2.   There is no matter to hurt religious susceptibility.
3.   There is an obscene or scandalous matter.
4.   Its use is prohibited.
5    It includes a prohibited word such as India or a city name or a celebrity name 


It is always advisable to conduct a Trademark search by an expert so there are fewer chances of refusal of your trademark. 

To know more about the Trademark search report watch the below video. 



Infringement of trademark

After infringement, the owner of the trademark can go for civil legal proceedings against a party who infringes the registered trademark. 


No action for an unregistered trademark

 

This is defined under Section 27 of Act that no infringement will lie with respect to an unregistered trademark. Infringement of a trademark is a cognizable offense and criminal proceedings can be initiated against the infringers.


Offenses and Penalties

 

In case of a criminal action for infringement or passing off, the the offense is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and fine which shall not be less than INR 50,000 but may extend to INR 200,000.


Time of Trademark

 

Trademark is granted for an unlimited time. Just the holder of the trademark has to pay fees every 10 years.


Watch the video to know about the Trademark renewal process in detail 



 

Trademark® and Copyright Registration Online | Quick & Easy Online Process
No need to visit the Trademark Register Office. Easy & quick process of online TM application by sitting at your own place. 

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