In day to day life we speak about trademark. For example you go for the shop and say to the shopkeeper whether the rice he gave you yesterday was available. He would be confused which brand of rice. Then you would say what brand name of rice like ‘raja mark’ like that. So safeguarding the brand name, logo is called trademark registration. It was formerly began in 1889, Indian Merchandise Act. Section 2M says that mark indicates the label, ticket, name, signature, and word, and letter, numeral. Even you may call the packaging material. Section 2Z (b) says that trademark means that mark capable of being represented graphically and which is capable of distinguished goods and services from one person and those of others may include shape of goods and their packaging. Trademark registration in Salem says that the names suggested for trademark must be suggestive.
Importance of Trademark
Some names can never be taken into account. It says if the name is incapable of distinguishing from others. Then words that are descriptive for example taste, smells good such things can never be taken into account. The name should not be confusing or deceiving the people. Then the name should not belong to any religion and it should not be obscene or scandalous. Certain trade mark names are prohibited. For example name like ‘Mahatma Gandhi’. If it is identical or if the name prevented by virtue of any law cannot be used. Trademark registration in Salem says about the passing off concept is used where one person uses another ones goods as yours and using for commercial purposes. If anyone produces a product similar to the existing product and sells it locally then it is called passing off. So it damages the reputation and the damages can be claimed.
TM Infringement
The damages, injection and sharing the profit are the three remedies for the infringement of trademark. Anton pillar order can be given in it is described as when the owner finds that infringer is producing dubious product and selling; and when notice is given before taking the action the infringer would run away. So the owner decides to issue Anton pillar order so that in person the infringer is caught red handed by the owner rather than wasting the time in producing court notice to the infringer. Also Trademark registration says about Mareva injunction is produced so as to freeze the assets of the infringer. Interlocutory injunction is the injunction produced as ex-parte.
Functions
Trademark registration in Trichy gives the functions. It identifies goods and services and its origin. It guarantees its unchanged quality. It advertises its goods and services. Trademark Registration provides:
Prima-facie evidence of ownership of the trademark.
Important asset for your business or company and contributes to the goodwill generated.
Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
Trademark registration in Trichy says that “Trademarks” can be sold, licensed or assigned.
Registration usually covers the whole of India.
The recent Trademark rule 2017 says that sound marks can be registered as trademark. It should be submitted in mp3 format and the sound must play for 30 second. Such applications should be submitted in Form TM-A with sound in MP3 format. The 3D mark is also registrable. This should also be submitted on Form TM-A.
The E-filing is promoted. As an improvement the filing can be done with the cause of going paperless. The new rule avails separate fee structure for start -up, individual’s small enterprise and others. Trademark registration says that the process of application can be expeditiously done. By paying additional amount. The hearing can be done by video conferencing. The hearing in case of objections can be done through video and audio communication. This increases efficiency and it is also time consuming. Number of forms is cut down from 75 to 8 forms. The application, objections and rectification can be done in one form. The E-service of documents available for trademark registration. Also a person cannot do more than two adjournments. Hence the number adjournments are reduced.
Madrid protocol
Trademark registration in Erode tells that The Madrid protocol is for international registration of trademarks. India has joined Madrid protocol with effect from 08 July 2013. At present there are 91 countries in Madrid protocol. In order to file an international application under the Madrid protocol, there should be a corresponding trademark application filed in India for the same mark in exactly the same classes. An international registration under Madrid protocol is however dependent on the corresponding Indian application for a period of five years from the date of international application. If you wish to obtain registration in a country which is not a member of the Madrid protocol, separate national trademark application has to be filed directly in the respective country.
Madrid is all about
Trademark registration in Erode gives the advantages of filing an International Application under Madrid protocol are
lower costs and fees payable as compared to individual foreign filings,
managing renewals, change in address, change in ownership is easier and more cost-effective
Additional countries may be designated at a later stage. And also the process is less time-consuming. Any change in the details of the right holder name or address can be changed by sending one single document to the International Bureau and no efforts have to be made at every national office.
Trademark registration states that a trademark denotes a visionary symbol that can be anything from words, machines, devices, labels to numerical that are often used in business for characterizing goods or services that are similar to other goods or services manufactured by opposite and rival companies. Trademark Registration serves as an asset that is intangible or even enjoys the status of intellectual property for the business for acting as a shield in protecting the investment of the company in the branding process and symbol. So it must be registered so as to attain all the credit and reputation for a company to withstand in market for long years.
