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Trademarks

What is a Trademark?
A trademark is a distinctive mark used by an individual or legal entity to distinguish their goods or services from the goods or services of competitors. A Trademark can be a letter, number, word, phrase, logo, graphic, shape, smell, sound or combination of these things.

What is the advantage of registering a trademark?
Registration of trademark is not compulsory but there are certain advantages if the trademark is registered.. By registering a Trademark, the owner of the Trademark protects the goodwill of the business. Hence, the Trademark contributes to the commercial value of the goods or services to which it is applied, and increases the marketability. Registration also facilitates the user to negotiate business deals with other parties. It protects the owner against unauthorized infringement since the registration stands as a threat to anybody who may attempt at infringement either directly or indirectly. The registered owner of a Trademark receives the right of the Trademark owner to use the Trademark and can indicate it by using the Trademark symbol ™ or ® in relation of those goods and services for which the owner has registered the Trademark.

What are the requirements that a mark should satisfy to be registered in India?
All marks used in the trade are not registrable. The requirements that a mark should satisfy are as follows.

  1. The mark should be capable of being represented graphically.

  2. The mark should be capable of distinguishing the goods or services of one from those of others.

  3. The mark must be used 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 and services.


Procedure for Trademark Registration:
 

  

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