Trademark

A trademark can be defined as a distinctive features & characteristic by which a person or thing comes to be known. as a brand under current holistic marketing scenario. Its a mark that identifies and distinguishes the source of the goods or services of one party from those of others and includes :

  • Logo
  • Brand name
  • Word
  • Phrase
  • Letter
  • Number
  • Unique icon
  • Slogan
  • Aspects of packaging
  • Colour
  • Sound
  • Scent
  • Personal name
  • Domain name
  • Aspect of packaging
  • or combination of the above
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Well Known Marks Example, Pepsi, Coca-cola, Reebok, bisleri, Whirlpool, Adidas, Nivea, Philips, Canon, BAJAJ, KIT KAT, BENZ,

A trade mark communicates the fundamental value of your product or services and cultivates customer loyalty to your business. It is one of your most powerful tool and valuable business assets. Keeping this concept mind, it is imperative that you protect your trade mark and this is best achieved by way of registration with Govt. Of India, GOI Mumbai India. Registration arms you with the exclusive rights to the intellectual trade mark in any domestic marketplace, horizontal and vertical, and takes legal precedence over both business name and domain name registration. International registration requires an application to the intellectual property authority of the relevant jurisdiction.

Our trade mark services include strategy, registration and infringement and we provide our service to businesses in all market sectors, from large multi-national organisation, small local businesses, and to start-up ventures.


Our trademark services include :

  • Trade mark creation and design
  • Trade mark selection advice
  • Trade mark availability searches
  • Trade mark registration with Govt. Of India
  • Trade mark infringement and defence services

Benifits

Registration of the mark confers upon the proprietor the exclusive right to use the trademark in relation to goods or services and to indicate so by using the symbol (R). Registered proprietor can establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

 

A. Registering a trademark provides greater Protection

  • Registering a trademark protects a company's name or logo, which is often a company's most valuable asset;
  • Registering a trademark grants the trademark owner receives exclusive nationwide ownership of the mark;
  • Registering a trademark decreases the likelihood of another party claiming that your trademark infringes upon their trademark;
  • Registering a trademark provides official notice to others that a trademark is already taken; consequently, a company that later adopts a confusingly similar trademark can not claim ignorance of the mark;
  • Through registering a trademark the trademark owner obtains the future right to make the mark "incontestable," which provides conclusive evidence regarding the validity of the mark and of the registrant's exclusive right to use the mark; and
  • Registering a trademark in the United States can be used as a basis for obtaining registration in foreign countries.

B. Registering a trademark deters others from using your trademark

  • By registering a trademark the trademark owner obtains the right to put a ", after the mark, alerting others to your registration and preventing the defense of innocent infringement;
  • By registering a trademark the trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark; and
  • Through registering a trademark the United States Patent and Trademark Office will refuse registration to any trademarks it deems confusingly similar to the trademark.

C. Registering a trademark provides the trademark owner with greater remedies

  • Registering a trademark grants the trademark owner the right to recover up to triple damages and fees of their trademark lawyer from an infringer;
  • By registering a trademark the trademark owner receives the presumption of being the valid owner of the mark;
  • Registering a trademark increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name; and
  • Registering a trademark gives the trademark owner an automatic right to sue in federal court.