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TRADEMARK REGISTRATION
INTRODUCTION:
A trademark is like the company logo or business name. It is important to have a unique, memorable name or symbolic object so that your customers can easily identify your business.
Trademarks can easily identify the goods of one manufacturer from the goods of others.
Trademarks are very important business assets because they establish their product reputation. Trademarks include words, names, symbols, and logos. Trademark law intends to prevent consumer confusion about the origin of a product.
Trademark means any service mark and trademark rights, whether it is registered or not, applications to register and registrations of the same and like protections, and the entire goodwill of the business of Borrower connected with and symbolized by such trademarks.
BENEFITS OF TRADEMARK REGISTRATION:
1. A registered trademark on file gives the business owner additional protections, including ownership, and diminishes the burden of proof.
2. By registering the trademark, you can ensure that your trademark is not similar to any other registered trademarks.
3. While registering the trademark ensures that other companies will not have a similar trademark name.
4. Your trademark could also provide the right to legal action against anyone that violates it.
5. You can use the symbol, ® after your trademark, which indicates your mark is registered and gives reputation to your company.
6. If your company wants to expand in any other country, you can use your federal registration for foreign trademark filing.
OUR BLACKTIE LEGAL SERVICES INDIA LLP, HELPS IN THE REGISTRATION OF TRADEMARKS.
LAW RELATED TO TRADEMARK REGISTRATION:
In India, the trade mark Act, of 1999 gives the protection of a mark as a Trademark. Under the Act, registration of a trademark provides the owner with a monopoly in the use of the trademark and if anyone violates the trademark then the owner has the full right to sue in the courts of law.
ELIGIBILITY OF TRADEMARK REGISTRATION:
An individual or a person:
An individual who does not have any business can apply for a trademark.
Joint owners:
In the case of joint owners both the persons who come together and decide to file a trademark application have to be mentioned on the application.
Proprietorship firm:
One must have to give the full name of the proprietor name while filing the trademark application.
Partnership Firm:
A partnership firm can file for trademark registration. The names of all partners must have to mention in the application. It is because the partnerships are not considered separate legal entities. In the case of a minor, the name of the guardians will represent the minor.
Limited liability Partnership (LLP):
The application for trademark registration can be made in the name of a Limited Liability Partnership. This is because LLP is an incorporated body that has its own identity.
Indian company:
The application for trademark registration must be made in the company's name.
Foreign Company:
An application for registration filed by a foreign incorporated entity must be made in the name registered under the foreign country.
Trust or society:
A trademark application can be filed or eligible only on behalf of a Trust or society.
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION:
For individua –
Indian nationals or Foreign National can easily register a trademark in India.
Copy of the logo, preferably in black & white (Optional).
Signed Form-48.
Identity Proof of the individual or Proprietor.
Address Proof of the individual or Proprietor.
Partnership / LLP / Company – Small Enterprise or Startups
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
Copy of Logo, it as an (Optional)
Signed Form-48
Udyog Aadhar Registration Certificate.
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory.
Address Proof of Signatory.
CONCLUSION:
Trademark Registration gives an exclusive right to the owner and also differentiates the goods from other same goods from any other businesses. Trademark explains as intangible assets for the owner and also protects the brand for the next 10 years.
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