A Trademark is a sign that's used to distinguish the goods and services of one party from those of others. A Trademark can be even a letter, number, word, logo, graphic, shape, smell, phrase, sound or combination of these things.
There are the benefits of trademark registration in India.
Few of them are- A Trademark helps the clients to identify and purchase a good or service because of its nature and quality, indicated by its sole Trademark, to meet their needs. By registering a Trademark, the possessor of the Trademark protects the goodwill of the business. Therefore, the Trademark contributes to the profitable value of the goods or services to which it is applied, and increases the marketability.
The registered owner of a Trademark receives the presumptive right of the Trademark owner to use the Trademark and can point to it by using the Trademark symbol or in relation of those goods and services for which the owner has registered the Trademark. The registered Trademark owner can hence stop the other traders from using his Trademark unlawfully. The registered owner of a Trademark can sue other traders for recovery of profits, damages and costs in case of Trademark infringement. Trademark provides the guarantee for the unchanged quality and helps in creating and advertising the goods and services in public.
India trademark litigation involves dispute which are over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed. Unfair competition claims, are often asserted together with the trademark claims, can be made when a defendant product is as likely to confuse the public in India as to the affiliation between goods, services or companies. It can include false advertising.
Trademark litigation in In india involves in a dispute over whether one party has encroached on the others trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration of a product line has been infringed. Sometimes, unfair competition claims asserted together with trademark claims, can be made when a defendant product is likely to confuse the public in India as to the affiliation between goods, services or companies.
trademark infringement is a violation of exclusive rights attaching to a trademark without the authorization of the trademark owner or any of licensees. Infringement may occur when party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical to the products which the registration covers. An owner of a trademark commence legal proceedings against a party which infringes its registration.
trademark protection given to logos, names, and other marketing devices, which are distinctive. These distinctive trademarks from time to time referred to as "strong" trademarks known as "intrinsically distinctive" marks. Trademarks known to the public from end their use over time. Trademarks that describe some feature goods usually considered to be weak and unpredictable under trademark law. Trademarks protection helps maintaining trademark rights defending and hence asserting against trademark claims and business issue in trademark rights. Trademark is protected on basis of either registration or use. Products are capable of infringement, can be protected by trademark protection.
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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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