A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself
A trademark identifies the brand owner of a particular product or service. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action, the essential function of a trademark is to exclusively identify the commercial source or origin of products or services. Trademarks in India are registered 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 provide the trademark owner with a right to sue for damages if infringements of trademarks occur. ® Symbol can be used once trademark is registered and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for next 10 years
Registered trademarks can be used to create a sense of trust, brand ownership, fashion statement, goodwill and quality in the minds of customer/prospective customer
Trademark registration is an intangible asset for company which can be sold, franchised or commercially contracted.
When Trademark application is filed than “™ , SM“ can be used along with brand name, it is sign of unregistered trademark, government takes 12-36 months to register a trademark and after registration ® symbol can be used.
Owners of registered trademarks can take action or sue for damages in case of trademark infringement ,registered trademarks are valid for 10 years and can be renewed for a period of another 10 years easily by filing a trademark renewal application.
There are 45 class of trademark and trademark search needs to be conducted first to check whether any registered trademark is there with same name/content is there before going for filing of trademark
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And after trademark registration no other competitor can apply or use same trademark for similar goods or services