TRADEMARK which is also known as “brand name” layman’s language is a visual representation of a symbol consisting of a word, sign, name device, special character, and or in any combination of colors used by any manufacturer/service providers to distinguish its products from other competitors. Trademark has huge importance in this era of Globalization since it helps customers to identify the product of a particular manufacturer/service provider from that of others.
In fact Trademarks, Copyright, Patents, Industrial Design protection are part of the latest trend which about a century-old only wherein the innovator is provided with exclusive rights over its innovative, ideas, designs, mark, artistic products to exploit their creation commercially thereby restraining others from using the same. These all fall in the area of Intellectual Property Rights and the international body which governs the same is World Intellectual Property Organisation (WIPO) and most of the countries are following the directions, decision, and conventions which are being discussed and adopted by WIPO by member countries.
To get the trademark registered as per The Trade Mark Registration Act a trademark required to pass three basic tests. The first Trademark should be capable of being represented graphically, Second capable of distinguishing itself from those of other goods manufacturer and service provider, Third it needed to be used in relation to goods or service by the owner to differentiate its product or services from that of other competitors.
The most fundamental question that arises is who and how to apply for a trademark. Well, any person who claims to be the owner of a trademark or a person who wants to use that trademark may make an application for registration with the Trademark Registrar. The application needs to have Trade Mark in three sets, prescribed fee, power of attorney to use the mark, and signature on the same
Why Registration of Trademark
It provides the manufacturer/service provider exclusivity to use that particular mark and differentiate its products or services from other competitors. It assists the customer to easily identify the product/services of the trademark owner from that of the other competitors. The owner of a trademark can assign the trademark to others for use, can stop another manufacturer/ service provider from using the particular trademark or anything identical to that Trademark by taking legal remedies before the court of law. After trademark, the company or individual can build their entire reputation and image around that particular trademark which itself has value in millions of rupees. An example of a trademark is Airtel, Sony, TATA, etc written in particular color combinations and fonts.
Different fees are prescribed for registration of Trademark which varies from Rs.2500/- to Rs.5,000/- and apart from that nominal charges are being charged by agents/service providers towards assistance for getting the trademark registered which normally starts from Rs.7500/- on the lowest side but certain service providers are charging up to Rs.25,000/- however their services are quite good.
We are providing all services for Intellectual Property Rights like:
1. Trademark registration Application
2. Copyright Registration Application
3. Industrial Design Registration Application
4. Patent Registration Application
5. Notice for opposing an application published in Trademark Journal
6. Renewal of Trademark
7. Rectification of Trademark
8. Legal Certificate
9. Advice on Trademark, Copyright, Industrial Design & Patents
10. Protection of Trademark & Intellectual protection rights from being misuse