Overview of Trademark
The economic market is fulfilled with new brands and products each day. To make your items/ services stand out, the Trademark registration in India may want to prove to be your most valuable advertising tool. If clubbed with the proper branding strategy it can in establishing your brand, so the general public will become aware of a certain high-quality and photo with goods and offerings bearing your trademark.
It is located that with the extended use of a brand name, the goods start gaining recognition and popularity the various consumers, then again with the rise in competition the brand name becomes prone to opportunities of having copied or other human beings passing off their items as if they’re of the original emblem name proprietor. The trademark law is one such universal law that stops this and secures the rights of each the logo owner by stopping the dilution of the mark and secures the consumer from being deceived.
Therefore, the most critical characteristics of a trademark were found out to be identification, source, exceptional, protection and advertising.
Identification: Once registered, the trademark officially turns into diagnosed as the owner’s asset, and handiest via trademark registration one can advantage one of a kind rights to prevent all and sundry from using a equal or a similar mark/emblem for their brand. Many famous brands are known by using their trademark and alternate dress, it will become a general of recognition like Cadbury is identified thru its red packaging, Colgate is directly related to toothpaste, regardless of what logo it may be. It has now become a synonym of toothpaste. Likewise, in many such manufacturers the trademark is through which the brand is known from.
Source and Quality: Registered trademark gives the client the surety of the goods supply and conformity of its high-quality. People generally associate exceptional with logo, as soon as the brand will become famous among the consumers the demand is bound to be increased. All the designers and huge brands intrinsically make money handiest due to the logo name attached to it. A saree stops being a simple saree once the name Sabyasachi is associated to it. The clothier can fee whatever he wishes claiming the satisfactory trendy, and those would purchase and pay exorbitant amount of cash just due to the fact the outfit has the trademark of Sabyasachi on it.
Security: A trademark proper isn’t a relative proper or declare right towards a person but is an extraordinary proper effective towards the public. Once the trademark is registered it is applicable to absolutely everyone who falls below the jurisdiction where the trademark is registered. It gives the unhindered right to the trademark proprietor to apply his rights and abstain any other individual from unauthorized use of his trademark or from capitalizing from the logos goodwill. The registered trademark owner has the right to sue someone who infringes this sort of rights and declare for damages incurred.
Advertising: Social media is one in every of the maximum rapidly growing and green mode of advertising. With the boom inside the e-commerce commercial enterprise the significance of online trademark registration in India has increased. As the marketplace is now not restrained to being nearby or national, the safety of the brand name is of prime concern. Globalization has a dual effect on the service or product that is made to be had to the public, in a way it maximizes the enterprise and the profit technology from it, however it also increases the opportunities of trademark infringement and dilution of the brand name because of unauthorized use. Thus, making trademark registration is an inevitable want for all of the brands and companies.
As trademark registration is so important, it’s also vital to recognize what names/ words are allowed to be protected underneath the trademark law as it limit the scope of protection. There are some precise words/ names that are not allowed to be registered as a Trademark, subsequently making it cardinal to test upon these before finalizing the brand name.
Grounds of Refusal
According to the trademark law in India, an indicator can be registered handiest if it satisfies sure characteristics. The registrar can refuse a trademark from being registered in certain conditions.
Section 9 – Absolute Grounds of Refusal and Section 11 – Relative Grounds of Refusal of the Trademarks Act, 1999 lay down the situations whilst a trademark cannot be registered.
The Absolute Grounds of Refusal Are:
1. The mark lacks distinctiveness: Proper names/surnames, laudatory words, invented or arbitrary words.
2. The mark is descriptive of the traits of the goods or services
3. The mark consists completely of marks or indications which have become customary in the established characteristics of the trade: ISI Mark, UN.
4. It is probably to mislead public or cause confusion: Apple air conditioners.
5. It incorporates or contains scandalous matter
6. Words whose use is prohibited below Trademarks Act, 1999: Ashok chakra, Indian flag.
Relative Grounds of Refusal:
1. If there’s a probability of bewilderment between present mark and the trademark implemented for.
2. Identical or comparable trademarks cannot be registered despite the fact that the magnificence is different, especially in the case of well-known trademarks.
3. Likely to motive deception or dilution of an existing mark.
These are the reasons why previous search of trademark names is of first rate significance and a suggested practice. It saves the time and money of the applicant and the registry. Once registered, the trademark is legitimate for 10 years, after which to secure the trademark registration a renewal application is to be filed on the end of every 10 years.
Trademark Registration in India enables in propelling a business undertaking or a corporation in many ways, it gives an exclusive proper to the manufacturer to stable its brand and exclude all others from doing so. In addition to that, in case an infringement happens the proper is statutorily protected. The premise of trademark safety is that no guy is entitled to promote another’s mark/ brand name underneath the guise that it belongs to him the aim is to guard the owner and the customer in case of any deceit or confusion.
We “Solubilis Corporate Services” are the registered Trademark Attorney, Patent attorney, and Company Secretary in Chennai, Coimbatore, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. We have the team of well-experienced participants to do your Trademark registration in Coimbatore, Chennai, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. For extra details, kindly undergo our website and make contact with us. Our experts are just one call far away from you. Thanks for reading!!!
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