What Is A Trademark?
Trademark is a branch of intellectual property rights. A trademark includes a name, word, or sign. This differentiates the goods from the goods of other enterprises. However, to make sure you have a valid and legal trademark, trademark registration is necessary. Likewise, one should be aware of the Indian Trademark Act laws and policies that come under the trademark law in India.
In other words, we can say that a Trademark is a symbol, word, or words. Through trademark registration, it can represent a company, product or service.
China scores 3.5 crores trademarks in their registration list. Conversely in India, there are only 2 lakh trademarks registered till now. Here, we can see that Indians lack in building intellectual property. The law on trademarks was commenced in the year 1940.
A trademark attorney can provide assistance for the in-house attorney. It can be by the means of legal research, creating licenses, contracts, litigation in the courts, etc.
Benefits Of Registered Trademark as per the Indian Trademark Act
- Trademark identifies the owner of the product
- If an infringement takes place, the owner of the registered trademark can take a legal action
- No one can use it without your permission
- Creation of assets
- Helps you to build trust and goodwill
- You can sell your trademark
- It builds your trust and goodwill
Designation Of Trademark
Trademark is designated by:
- ™ (symbolizes unregistered trademark. Serves to promote or brand goods)
- ℠ (symbolizes unregistered service mark. Serves to promote or brand services)
- ®️ (symbolizes registered trademark)
Process Of Trademark Registration In India
Trademark registration as per the Indian Trademark Act is very important for your business. Also, a trademark attorney can prepare your application with the relevant details and documents.
So here is the process to register your Indian Trademark:
- In the first place, you have to decide the name for which you have to take the trademark
- After that, a lawyer or a CA will run a trademark search. If the name is already registered, then you cannot apply with the same name. If you do so, your application will face rejection, and an objection will raise.
- Any person, individual, Company, or a legal entity can apply for a trademark in India.
- After the application, you will receive a receipt that your trademark has been registered. And after that, you can start using the TM symbol (temporary mark). It may take up to 2 to 3 business days.
- If anyone files an objection on your trademark, then you have to file an appeal.
- Within a period of one year, your trademark will complete the permanent registration process.
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Absolute Grounds For Refusal Of Trademark Registration
- It frauds the public or causes confusion
- There is any matter to hurt religious susceptibility
- There is an obscene or scandalous matter
- Its use is illegal
- It includes an unlawful word
Trademark Duration as per the Indian Trademark Act
Eventually, the legal holder receives the trademark for an unlimited period of time. Furthermore, he is required to pay the fees every ten years for its renewal. A legal owner or the firm can utilize it under which it has been registered.
Infringement Of Trademark Registration
Breaching of a trademark is against the trademark law in India. It is explained in the Indian Trademark Act 1999, which comes under section 29. For example; if an unlicensed individual registers a trademark which resembles or is identical in appearance to a registered trademark, then this act will be termed as breaching. Accordingly, the owner of the trademark can opt for judicial proceedings. As a result, this includes countering the individual or firm who breaches the trademark law in India.
A professional trademark attorney counsels on whether a mark will be appropriate for trademark protection or not. Thus, a trademark search is done by the attorney to ensure a mark does not infringe an existing mark. He has the processes to search the USPTO database and other available records to ensure that a mark is viable.
A qualified trademark attorney can perform in trademark-related cases and can help with the legal process required. Violation of breach by law faces a prison sentence for a minimum period of six months. Likewise, it may also consist for up to three years along with a minimum charge of rupees fifty thousand. In addition to that, it can sum up to rupees two lacs (as per the charges).