Trademarks Services in Dr Mukherji Nagar, Delhi

Intellectual property rights allow companies to claim ownership of brands, designs, and assets. These ownership rights mean that company brands and designs are legally protected against unauthorized use or implementation by third parties. One type of intellectual property right is a trademark. The definition of a trademark is any identifiable symbol, phrase, color, design, sound, or insignia representing and legally differentiating a product from other products. Enterprises register trademarks to differentiate their products, services, and brands from competitors. The primary function is to recognize and protect a firm's ownership of the brand. Moreover, trademarks legally identify a product as the property of the associated company. Understanding the Trademark Symbol According to the trademark definition provided in this lesson, the trademark symbols legally identify the owner, origin, or creator of a design, item, or service. These trademark (TM) or registered trademark (R) symbols or logos are affixed to brand names, slogans, pictures, logos, or bands. A trademark also identifies service marks used to designate the source of services. Trademark law prevents any other organization or individual from using the products, services, or designs without authorization from the registered owner. Registering a trademark also prevents confusion between existing products and brands. Entities are not allowed to use symbols, audio files, colors, or names similar to a registered trademark. This legal safeguard is especially valuable for related or identical products.  

A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders. A trade mark can be represented graphically in the form of your company’s logo or a signature. Through a registered trade mark, you can protect your brand (or “mark”) by restricting other people from using its name or logo. Once acquired, a trade mark can last indefinitely as long as you renew it every 10 years. Because a registered trade mark is a form of IP, you can license or assign it to others.

Trademarks ::: In India, law relating to Trademarks is governed by The Trademarks Act, 1999 and The Trademarks Rules, 2002.Now, after the last amendment, the law provides for the registration of Services also. A trade mark (popularly known as brand name is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Legal requirements for registration of trademark :- It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person. Selection of a trademark :- If it is a word it should be easy to speak, spell and remember.2 The best trademarks are invented words or coined words. Please avoid selection of a geographical name. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market. What is the function of a Trademark? 1. It identifies the goods/or services and its origin. 2. It guarantees its unchanged quality. Who can we apply for a Trademark and how? Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office. How to apply for a Trademark in respect of particular goods or services? It is provided under the Trade Marks Act,1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance. What purpose the trade mark system serves ? 1. It identifies the actual physical origin of goods and services. 2. It guarantees the identity of the origin of goods and services. 3. It serves as a badge of loyalty and affiliation.

Trademark is define as “mark of trade”. Mark who defines our business, means logo or brand. It’s very important for our business. So, now we can decide what we need first – company registration or trademark registration. As per our (Ezzus India) opinion or you can also decide, what you need first. Ezzus India personally suggest you that if you start new business as proprietorship firm, partnership firm or private limited company whatever. And you really concern about your business that it will grow like other big venture. So first you need to register your brand name or logo or trademark under Intellectual Property Right (IPR) Department of Government of India. Then you can go for private limited company registration or proprietorship firm registration or LLP registration etc. After getting registration of new brand name or logo under trademark registry, you don’t need to worry about stolen/infringement of business value or brand value by someone.

Trade Mark Consultant, marriage certificate, llp registration service