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Trademark

Trademark

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WHAT IS TRADEMARK

A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.

TYPE OF TRADE MARKS 

Trade mark include a signature, word,  slogans,  device, letter, logo, numeral, brand,  label, heading, name written in a particular style, the shape of goods, or any combination thereof or a combination of colors and  domain name and can be applied to both goods and services. 

PRODUCT MARK -TM – Used for the goods  
SERVICES MARK -TM -Used of the service

REGISTRATION PROCESS  

The registration of Trade Mark is done on the basis of NICE classification of goods and services, which are classified by Trademark Act . The registration confers upon the owner, the exclusive right to use the registered trade mark and indicate so by using the symbol R in circle grants right to seek relief of infringement, passing off with recovery damages if the trade mark is falsely used or imitated copied. Registration of trade mark can be applied from India for foreign countries through WIPO in term of the Madrid protocol came in force in India on 8th July 2013  

TIME PERIOD OF REGISTRATION 

As per the statue the process of registration completes in Eighteen months. 

DURATION 

The term of a registration of trade mark is is for a period of ten years. After the expiry of the term it can be again renewed for further period of Ten Years.   

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