Trademark Registration

Trademark registration permits owners to simply establish their right to the trademark in court and obtain royalties.

The Best Example of Trademarks

Pepsi and Coca Cola are 2 trademarks of an equivalent industry. The trademark helps to acknowledge the source of the products also as a touch of quality.

Authorities Who Register IT

The authorities like The controller general of patents designs and trademarks and therefore the Ministry Of Commerce And Industry also the govt Of India registers the trademarks in India. Trademarks are registered under the well-known Trademark Act, 1999.

The trademark owner possesses the proper to prosecute for damages when violations for trademarks happen.

If any trademark is identical or almost like a prevailing registered trademark is applied for trademark registration then it can’t be registered because it may cause confusion with the first trademark.

Types of Trademark in India

Various type/forms of a trademark are as follows

1.Product Mark

Product Mark helps to spot the products or goods in situ of services. Here the merchandise is that the unique selling feature of the corporate.

In the beginning, the merchandise marks are represented by TM, which states that the mark isn’t yet registered but it’s within the process of registration. Once they’re registered, they need to use ® to offer it recognition within the market. this is often common practice applicable to all or any sorts of trademarks.

Examples: Pepsi®, Maggi®, etc.

2.Service Mark

This type of trademark is employed to acknowledge and differentiate the services instead of the goods/product provided by any enterprise.

The Service marks have their particular character which is SM. a really prominent/ commonest example is McDonald’s, which may be a service mark for restaurant services.

3. Collective Mark

As the name suggests these marks are related to a gaggle of individuals and not one single product/service. These trademarks are mainly owned by a corporation, institutes or any association that’s associated with several members.

Examples are like the “CS” device is employed by the members who fall into the Institute of Company Secretaries.

4. Certification Mark

This is produced to point out the quality of a corporation i.e. it’s to point out that a trader’s goods or services are certified as they’re meeting particular required standards. Example: Wool mark, ISI, etc. is that the finest example of Certification Mark

5. Shape Mark/Pattern Mark

Here the pattern is in a position to differentiate between the products.

6. Sound Mark:

It is introduced for registration of sound graphics that discriminates the products and services of 1 from another.

Example: Nokia tune

1. Legal Protection
2. Good Will/Trust
3. Brand Value
4. Business Opportunity
5. Unique Identity
6. Exclusive Rights
7. Power to Transfer Trademark to Other for Consideration