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Trade Mark Registration

Did you know that?

Your trade mark can be a valuable business asset. Trademarks have come to represent not only actual goods and services, but also the reputation of the business. Some companies spend millions nurturing their corporate identities.

Companies like Michelin, Levi Strauss and Intel consider their trademarks their most valuable assets? The President of Coca-Cola stated that the corporation's buildings, machinery, equipment, vehicles and physical property could all be destroyed, but that the business would have no trouble getting back on its feet, provided the trade mark survived.

What is a trademark?

Trademarks are concerned with brand identity - they can be distinctive words, marks or other features, the purpose of which is to establish, in the mind of the customer, a link between the particular products or services and the company. A trade mark is a sign by which a business identifies its products or services and distinguishes them from those supplied by competitors. A trademark can be any word (PEPSI), name (TATA), symbol or device (Microsoft), slogan (Yeh Pyas Hai Badi & Thanda Matlab Coca Cola), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (Britania chimes) color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.

What can be registered as Trademarks?

Any sign capable of being represented graphically. Thus marks may be one or a combination of words (including slogans), letters, and numerals. They may consist of drawings, symbols, three-dimensional signs such as shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors. Generally, trademarks are protected for specific classes of products and services for periods of 10 years, renewable indefinitely.

    ADVANTAGES OF TRADEMARKS:

  • Establish legal priority with registered trademarks:One of the advantages of trademark registration is the date the application to register a brand is received by the regulatory authorities establishes legal priority for a registered trademark.
  • Registered trademarks are quite powerful assets: As any other property & assets, trademarks are also assets tradable for their own value.
  • Once registered, a brand obtains rights equivalent to registered title, like property.
  • The property right in a registered trademark is regarded as a monopoly right
  • Once a trademark is registered, the owner holds certain exclusive rights to use it.
  • Trademark registration prevents competitors from copying your intellectual property

    Other benefits of registered trademarks include:

  • A registered trademark can be assigned, conveyed, or licensed.
  • Royalties can attach to license arrangements regarding use of a registered trademark.
  • A registered trademark can be held in your own name or in your company's name.
  • A registered trademark is more powerful than a registered business name because monopoly rights attach to the registered trademark (not to the business name) for the classes of goods/services registered.
  • A registered trademark is evidence of title.
  • The national rights embodied in a registered trademark extend over the whole country.

Registered trademarks can last a very long time:One of the advantages of trademark registration is that it can last a very long time. Trade mark registration lasts initially for limited period of time, and can be renewed, subject to payment of renewal fees, indefinitely. This means a registered trademark can survive longer than copyright.

If you are looking for registration of your trademark then our experts shall be more than happy to help you.


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