A trademark is a word, phrase, symbol or design, or combination of words, phrases, designs or symbols is used in the course of trade that identifies and distinguishes the source of the services or goods of one enterprise from those of others. trademark registration is one of the most important procedures in India, which protect the brand of trademark. Not only trademark registration process is very important, but also trademark news and trademark monitoring play major role to get updated news how to register a trademark in India & across the globe. Highly qualified and experienced trademark attorney can help you find the way both the registration process and monitor your trademarks for potential contravention.
It is not any trade mark which is registerable. To be registrable the trademark should be distinctive and should not be similar to any other trade mark registered for the similar goods or used by a competitor whether registered or not. In the case of a similar trademark used by a competitor but not registered difficulties for registration will arise only if the owner of the mark chooses to resist the trademark registration. In choosing a trade mark therefore one has to see whether the mark satisfies the requirement of distinctiveness contained in section 9 of the Trade and Merchandise Marks Act, 1958.The main aim of the India patent registration is to prevent and protect unauthorized use, selling and importing of the product or process imaginatively invented. Patent is a legal right given by government to the inventor of the any new and useful product. Patent Registration in India is an exclusive right given for specific number of years to the inventor of the product. The primary service offered by ipr law firms is to advise clients about their legal rights and responsibilities, and to represent their clients in civil or criminal cases, business transactions and other matters in which legal assistance is sought.
A trademark registration gives exclusive proprietary rights to the rights holder for protection of their trademark in India. However as the Indian legal system is based on the common law system, even an unregistered trademark is entitled to protection and the rights holder of the unregistered trademark can start action against a third party under the law of passing off. Registration of trademarks is one of the most important protections that businesses should avail in India. Several foreign and domestic Applicants have been able to successfully register their marks in India. Indian courts have upheld several of those registrations and granted favorable decisions to rights holders. If through the process of growing your business you set up an excellent reputation, your trade mark could end up being a high valued asset for your business. You can certify the rights to use a trade mark, through franchising or through sale of the business. The mission of the Association of patent law firms is to ensure that the IP boutique law firm is the preferred choice by clients, corporate in house.
A trade mark helps the consumers to identify and purchase a good or service because of its nature and quality, indicated by its unique trade mark, to meet their requirements and expectations completely. Trademark registration play major role in making your business successful and efficient. By registering a trade mark, the owner of the trade mark protects the goodwill of the business. Hence, the trade mark contributes to the commercial value of the services or goods to which it is applied, and increases the marketability. The patent drafting includes a written description of the claims and invention. It must be in full, concise, clear, and exact terms as to enable any person skilled in the technological area related to the invention to be able to duplicate the invention. It must describe totally a specific embodiment of the process, machine, manufacture, composition of matter and must explain the mode of operation wherever applicable.