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Trademark helps in protecting the name, reputation, etc., of a brand. A trademark enables you to take legitimate steps in case if the trademark is used by a third party without the owner’s approval.
A trademark is a type of visual symbol, which could be a word, label or some kind of colour combination used by an individual, business organization or any legal entity. It can be found on a package, a label or on the product. Often, it is displayed on the corporate building, as it is acknowledged as a type of intellectual property.
In India, trademarks are filed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. All trademarks are enrolled under the Trademark Act,1999 and provide the owners of the trademark the power to sue when infringements happen. After the Trademark registration process is completed, the R symbol can be applied.
Registration will be valid for 10 years, registered trademarks can be renewed by filing a renewal application for a period of another 10 years.
Besides these, other things which can be filed for trademark are three-dimensional signs, slogans or phrases, graphic contents, etc.
Any individual pretending to be a keeper of the trademark intended to be filed by an individual may file in writing in a proper manner of registration. Application filed must consist of the trademark, the goods or services, name and address of the individual with power of attorney. Applications can be sent by post.
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A product or a service is provided under a registered trademark helps in building trust, quality and goodwill in the perception of consumers. It gives entities unique identification when compared to other sellers.
In case of infringement, an individual has concerns over trademark being copied by some other individual, You can sue for copying brand, logo or slogan.
The consumer can recognize products or service by the brand name. It acts as a company's unique asset.
A trademark filed in India is also permitted to be filed in foreign countries as well. Vice-versa is also permitted i.e., Individual from foreign nations can file a trademark in India.
A trademark can be a precious asset in case an entity builds a name and succeeds. Filing it makes it an evasive asset that is traded, distributed or commercially contracted which brings benefit to the individual.
Individual or a company can use the registered symbol (®) once the trademark filing is completed. Registered symbol or logo is evidence that the trademark is already registered and couldn't be filed by any other company or individual.
A registered Trademark helps the customer to know about the product or service quickly and can know the difference between various kind of products as it tends to create a better identity for itself.
Trademarks are valid for 10 years, as soon as it expires the individual needs to file for renewal. Renewals must be filed before the respective end of validity. Form TM-12 must be used for renewal. The application can be filed by the owner of the registered trademark or an individual approved by the respective owner. Filing a renewal application ensures protection by another 10 years.