To get a trademark you will need a Lawyer and Law Chef has a team of well experienced Lawyers in the field of Intellectual Property. So if you are searching legal assistance for trademark related matters and the registration of trademark, Law Chef is a call away to help you.
A trademark is a marketing tool that helps a company raises more money.Although a brand is always a trademark, a trademark is not always a brand. Sometimes, the difference between a trademark and a brand is unclear. And to make you understand that you will need a Lawyer.
In India, there was no trademark law before1940. The Specific Relief Act of 1877's Section 54 was used to address a number of trademark infringement issues, while the Indian Registration Act of 1908 was used to decide on registration.
The Trademark Act's purpose is to provide trademark users with protection.The Trademark Act, 1999 gives the right to the police to arrest in cases of infringement of the trademark.
Types of Trademark:
Trademark piracy is the use of a trademark through unlicensed or unlawful means, such as by manufacturing it for commercial purposes. If a trademark is violated, the registered trademark owner has the right to file a lawsuit; in the case of an unregistered trademark, the sole recourse is passing off.A trademark provides protection to the owner by guaranteeing them with the exclusive right to use it to distinguish the goods or services or to grant others permission to use it in exchange for money. It is a tool for the registered owner to prevent unauthorized use of the trademark by others.
Anyone claiming to be the trademark's owner or who intends to use the trademark in the future may submit an application in writing to the relevant registrar in accordance with the established procedures.
The application must include the name of the goods, mark, and services, as well as the class of goods and services it belongs to, the applicant's name and address, and the amount of time the mark has been in use. Here, the term "person" refers to a group of businesses, a partnership, a corporation, a trust, a state government, or the federal government.
Intellectual property signifies that its object is a creation of the intellect or the mind. Intellectual property is not a strange idea; in fact, it is a topic that is debated on a daily basis, whether it be in relation to a book, movie, plant variety, food item, cosmetic, electrical device, software, etc.
The trademark, which has a larger meaning than a brand name and can be more than just a symbol or logo, serves as a distinguishing sign or signal in a company organisation. Do not waste your time and resources and hire a lawyer by Law Chef so that you and your business can be protected and get aware of your rights as well.
A subset of rights of intellectual property is trademark. A trademark is a name, word, or symbol that makes one company and its products distinct from those of someone else.
Trademark piracy is the use of a trademark through unlicensed or unlawful means, such as by manufacturing it for commercial purposes.
There are 4 kinds of trademark:
● Service Mark
● Collective Mark
● Certification Mark
● Trade dress
The application must include the name of the goods, mark, and services, as well as the class of goods and services it belongs to, the applicant's name and address, as well as how long the mark has been in use.
A trademark registration is valid for ten years after it is filed. It is perpetually renewable every ten years. In India, a renewal request must be submitted in the form TM-R one year before to the expiration of the trademark's most recent registration. For manual filling, the renewal charge is 10,000; for electronic filling, it is 9,000.
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