Trade Mark

 By: Nashib Umer
A trademark is any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.

Some people confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
Reduces Personal Liability:
Incorporating helps separate an individual's identity from that of his or her business. Insurance may still be necessary, but incorporation contributes an added layer of protection.

What is the difference between a service mark and a trademark?

A service mark is used in connection with services, while a trademark is used in connection with tangible goods. The general terms "mark" or "trademark" may be used to describe both trademarks and service marks.

Do I need to register my trademark?

No. It is not required that you register your trademark or service mark in order to establish ownership rights. Registration of the trademark creates a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark in the state commerce in connection with the goods or services described in the application.

Do you need to be a corporation to obtain a trademark?

No. The trademark applicant is the person who owns the mark. Normally, this is the person who produces the goods or who renders the services associated with the mark and who controls the use of the mark. That person can be an individual sole proprietor, a general partnership, a limited partnership, joint venture, corporation, Limited Liability Company, unincorporated nonprofit association or other legal entity.


What is the duration of registration?

In Most States Trademark renewals are done every Ten (10) years.

Can a trademark or service mark be reserved before using it?

No. A mark must be in use prior to filing with the State.

What is the difference between a trade name and a trademark?

A trade name (also know as an assumed name or "doing business as") is the name an owner uses to identify his or her business. A trademark is used to identify the goods and products that an individual or business offers to the public.
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Trademark is used to distinguish the good and services and helps in identifying the good purchases of them. Litigation involves the disputes with one party's trademark rights over other. Trademark infringement is a violation of exclusive rights, while Trademark protection's given to logos, names, and other marketing devices. Trademark searching checks whether mark is actually capable of registration.
India is the hub of IPR services where you can get everything related to IPR services according to your needs and budgets completely. To register a trademark, you need the help of trademark attorney, who can provide advice in solving all types of Trademark registration issues and cases completely. So, you should not ignore Indian IPR services either in little cost or more price and can make your business entity brand and unique.
Trademark registration is the legal right of any trader to prevent other users to use same or identical trademark. Trademark protection can play major role to identify the goods or services or authorize another to use it in return of payment by ensuring the exclusive rights of the any mark. Therefore, it acts as weapon in the hand of registered proprietor or owner of the mark to prevent other traders from unlawful use of the mark of the registered owner.
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