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
3 Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
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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