What rights does the registered trademark confer on business?

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Registration gives the exclusive right to use the mark in respect of goods or services for which it was registered. What are the advantages of trademark registration? The advantages of trademark registration are following: Protects your hard earned goodwill Protects your name from being used by others Creates a favourable impression in the mind of… Read more »

What is the process of registration of a trademark?

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The process of registration of the trademark consists of the following steps: I. SEARCH: Conduct a trademark availability search II. FILING: Trademark application to be filed with Trademark office III. EXAMINATION: Trademark Office examines the registrability of the application IV. PUBLICATION: Acceptance of application by the Registrar is published in Trademark Journal V. OPPOSITION: After… Read more »

What can be used as trademark?

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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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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 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 »

How a trade mark should be adopted as a brand name?

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A trade mark should always be easy to speak, spell and remember. The proprietor should avoid using common words and also those words which provide hints regarding the character, quality and quantity of the goods or services for which it is supposed to be used. It is always advisable to conduct a market survey and… Read more »

What is code?

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Harmonized System Code -HS Code i.e. Harmonized System Code is a standard system in which all the products are categorized under different codes to identify the products internationally. In India 8 digit HS code is followed whereas in international market HS Code on 6 digit is followed. International Trade Law – International Trade Law includes… Read more »

Can a registered trademark be removed from the register?

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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 »

Can any correction be made in the application or register?

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The basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation. A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a  word signature, name, device, label, numerals… Read more »

What does the Register of trademark contain?

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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 »