Trademark Registration

Trademark Registration

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The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.

What is Trademark?

Trademark is a name, device, mark or logo which is capable of distinguishing the goods or services of one person from those of others. Trademark may also consist of drawings, symbols, three dimensional signs such as shape and packaging of goods or colors used as distinguishing feature.

What does trademark indicate?
Trade mark is a discrete indicator used by a legal entity such as business house, individual or a firm so that the consumers can easily identify their product or services.

What is the importance of a trademark?
It identifies the source of the goods/manufacturers.

It acts as prime instrument in advertising and selling the goods.

A registered trademark gives the right to exclusive use of the mark.

A registered trademark serves as a proof of certificate in court proceedings.

What does a trademark guarantees?
It guarantees consistent quality by showing an organization’s commitment to its users and consumers.

It is a form of communication, a basis for publicity and advertising.

How is trademark associated with the business?
Trademark is often associated with the brand itself so a good trade mark is almost synonymous to a good business and great line of products and services. Proper selection of the trademark is necessary for business as well as legal point of view.

How a does a trademark protects a business?
A strong trade mark creates an identity, builds trust, distinguishes you from the competitions, and makes communication between seller and buyer simpler. As lot of money and time is often invested in creating a brand name for itself, it is worth paying something to protect it from misuse.T

How to select a trademark?
While selecting a trademark the following points to be kept in mind:

A trademark is required to be capable of distinguishing the goods or services of yours from those of others.

It should be a word or device or any combination of these.

It should not describe the qualities or character of goods/services.

It should be an invented or coined word.

How to select a trademark from business point of view?
From the general business point of view, the trademark shall be

easy to pronounce,

remember able, attractive and

As far as possible short.

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