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