What is the criteria for grant of a trademark?

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trademark

The criteria for the grant of a trademark are – The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used in relation to… Read more »

What is the term of a registered trademark?

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trademark

The initial registration of a trademark shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees. A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another… Read more »

What is the difference between a geographical indication and a trademark?

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geog.indications

Geographical indications (GIs) identify a good as originating from a particular place. By contrast, a trademark identifies a good or service as originating from a particular company. A trademark often consists of a fanciful or arbitrary sign. In contrast, the name used as a geographical indication is usually predetermined by the name of a geographical… Read more »

What can be used as trademark?

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trademark

Trademarks may be a word or a combination of words, letters and numerals. They may also consist of drawings, symbols, 3D signs such as shape and packaging of goods, or colours used as a distinguishing feature. Does trademark and brand really mean the same? Contrary to widespread use of both terms as synonyms, a trademark… Read more »

What is the importance of a trademark?

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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. Trademark means a mark capable of being represented graphically and which is capable… Read more »

What does trademark indicate?

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trademark

Trademark 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. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of other… Read more »

Can a registered trademark be removed from the register?

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trademark

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark. The register of trademark currently maintained in electronic form contains inter alia the trademark  the class and… Read more »

What does the Register of trademark contain?

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trademark

The register of trademark currently maintained in electronic form contains inter alia the trademark  the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred, the address of the proprietors, particulars of trade or other description of the proprietor, the convention application date (if… Read more »

What are the formalities and government fees for major trademark transactions?

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trademark

The formalities and government fees for major trademark transactions For filing new applications there are prescribed forms depending on the nature of application such as  Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.      Fees: Rs.4000/- To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for… Read more »

What are the benefits of registering a trademark?

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trademark

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive… Read more »