Scintillating Intellectual Property Blogs

In the previous post we had a general introduction of what Trademark is, its role and the protection available to the brands. Going ahead, next is about the prerequisites of filing procedure. Filing a trademark application is an easy process if the following  prerequisites or homework is done.  Select a unique name or mark or logo or symbol or sign or caption. Otherwise if you are already using a mark or name or sign or anything else, go ahead for registration of the mark provided you have used or using such mark.  After selecting, make an online search in the Trademark Registry provided in Public Search  http://ipindia.nic.in/tmr_new/default.htm  , to avoid discrepancies in future.  Find out the type of business the company or organisation is running for which they want to register the trademark.  Based upon the findings, you will have to identify under which class of goods or services the business fits. There are totally 45 classes ...

Whats in a name???????????  As we all have a name to be called, identified, so is with the products and services, and for that product, rather a simple name or mark or logo or symbol is enough to act as an indication of source.  While learning Trademark as a subject in my masters we had a whole picture of what and how trademark helps business and in other commercial areas theoretically. But when an application is to be filed to register a trademark it is entirely different from that of theoretical knowledge.  What is a Trademark? A mark used in course of trade is known as Trademark. The Trademark Act gives  an exclusive right to the mark owner and has the right to sue the infringers for using similar mark or using a confusingly similar mark  which creates confusion in the mind of the public. Trademark registration is not mandatory perhaps, if it is registered the mark owner has the right to file an infringement suit and if the mark is not registered th...