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Trademark

A Trademark is essentially a brand name. It may comprise of a word, name, combination of words or names or a symbol used to identify and also differentiate goods/ services produced/ provided by one seller from those offered by other sellers. It is also used to indicate source of the commodities.

 

Bizrights IP is a place that can enable you understand whether, when, how, and why you should register a Trademark. We will also help you have a clear understanding of how Trademarks differ from other aspects of Intellectual Property namely; Patents, Copyrights, and Industrial Designs.

 

It is well known that in today’s highly competitive world, where niche spaces among the Customers are captured only by good will and creation of everlasting impressions resulting in faith towards a Brand, the success of ‘TRADEMARKS’ in today’s business can never be under estimated. It would not be an overstatement to say, that successful ‘TRADEMARKS’ are the real asset for any company, business venture nowadays more than the Physical assets, they possess. Given this kind of scenario, creating of Trademarks / Service marks as assets, for any organization is indispensable. We are always ready with our client oriented, tailor-made solutions for offering Quality services in Trademarks for our reputed clients. We have catered to the needs of Hundreds of esteemed clients, in Trade and Service marks, who have felt the benefit by manifold increase, not only in their sales output but also, increase in the goodwill created amongst their customers through our precise advice on TRADE / SERVICE marks, enhanced by our quality services in filing, prosecution and post registration services.

 

As it has been emphasized time and again, TRADE MARKS / SERVICE marks can be described as the ‘raison de etre’ of any successful organization in today’s competitive business environment. Successful business sagas are being buttressed by Strong Trade /Service marks, is quite evident nowadays. Any successful businessman / entrepreneur / Start up can ill afford to be ignorant of building and strengthening their business base and good will through strong Trademarks / Service marks.

 

REGISTRABLE TRADEMARKS

For a Trademark to be registrable, it must have a distinctive character and must also perform the primary Trademark function. Registrability is a continuum with intrinsically distinctive marks as well as indistinct descriptive/ generic marks at both ends. Additionally, the two points must comprise of arbitrary/ suggestive marks lying in between them. To be protectable, the descriptive marks ought to acquire distinctiveness via secondary meaning.

 

Trademarks can be broadly classified into five categories, and each of the categories is given different levels of protection. The categories are; fanciful marks, generic terms, arbitrary marks, descriptive marks and suggestive marks. As it can be seen that the concept of Trademarks have transcended from being a goodwill symbol for goods produced and marketed by any business / trade house, to even Services offered to their clients, by their quality professionalism, the concept of Trademarks has got extrapolated, to Services too. The Trademarks Act has been amended in such a way that Services offered also can be in its ambit. Also, the Word / Symbol /Logo etc. can be registered in India. (With or without specific colouration) Also, trade / service marks with specific regional language also can be registered in India.

 

 

NON-REGISTRABLE TRADEMARKS

You would definitely want to use a Trademark to differentiate your services/ products from competitors’ commodities. Legally, your application for Trademark registration may be denied in certain cases. If your application is turned down, the implication is that your sign would not be registered.

 

A Trademark is considered non-registrable if the sign contravenes morality and public order, is clearly descriptive, contravenes other IP (intellectual property rights) or lacks distinctive character. A Trademark is also non-registrable if it is deceptive or is an official emblem such as a coat of arms or flag.