Trademark Registration
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.
Proposed trademarks that are the same or identica
Trademark Assignment
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
A trademark can be easily assigned from one authorized person to other. If a person wants to transfer his/her trademark or wants to shift the ownership of the trademark, then it can be done easily with a Trademark Assignment.
Trademarks can be transferred permanently or for a limited period of time. A proper agreement should be undersigned in such cases to avoid any further legal issues. You have authority to assign registered or unregistered trademark. You need to apply to the Registrar in such cases.
Trademark Renewal
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
A registered trademark has 10 years of validity. After that it needs renewal. You do not need to worry if you forget to renew it as you will receive a prior notice at your registered office regarding the renewal of your trademark. Usually, companies forget to renew their trademark. So, the Registrar informs them regarding the same 6 months before expiration. Still, if there is no action from your side, then Registrar issues a statement which says that your trademark would be removed from Trade Marks Journal. It is a very long process and takes at least 6-12 months after expiration. So before that, you can renew it by just paying the amount of fine to the department.
Trademark Search
Trademark search is done to ensure that any trademark which an applicant wishes to register, does not cause likelihood of confusion with an already applied mark. We at LegalRaasta offers free service of trademark search for you. We have the updated database for ease of process and this is a hassle-free online process for you.
Trademark Objection
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.
Trademark Registration in U.S.A
Intellectual Property is becoming necessary to get registered in today‘s business world. According to the USA trademark system, it’s represented as a word, phrase or logo that signifies the supply of goods and services. USA law of trademark is governed by the Lanham Act.
Common law trademark rights are collected mechanically when a business uses a name or logo in commerce, and are enforceable in state courts. Material possession is sometimes being protected in law by patents, copyrights, and trademarks that serve its owner to get recognition or financial advantages from what they manufacture or produce. By implementing the correct balance among the interests of the innovators and also the communal interest, the information processing system points at promoting such an environment where creativity and innovation can grow.
Trademark registration within the USA and its administration at the federal level are ruled by the U.S. Patent and Trademark workplace (USPTO). Besides this, all state runs its native trademark registration for the companies operative among a restricted location and doesn’t wish any additional protection that’s being given by the federal registration.