A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business.
A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
Required documents for Trademark company registration:
. Shops Establishment License
. Certificate of Incorporation and
. Address proof of the company
For Partnership firm. The Partnership Deed
Getting Information 1 Day
Drafting of Application 2 Days
Changes & Confirmation 2 Days
Filing of Application 3 Days
. It identifies the goods / or services and its origin.
. It guarantees its unchanged quality
. It advertises the goods/services
. It creates an image for the goods/ services.
The Registered Proprietor of a trademark can create 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.The Government earns revenue as a fee for registration and protection of registration of trademarks.
Companies, individuals, partnerships, trade unions or lawful associations, provided they meet the requirements of the Trademarks Act.
A trade name is the name under which you conduct business. It can be registered as a trademark, but only if it is used as such, that is, used to identify wares or services.