Trade Mark

What is Trade Mark?

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions. Properly used and promoted, a Trademark may become the most valuable asset of a business. It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. 'TM' stands for Trademark, The ® symbol, can be used only once the trademark is registered and the registration certificate is issued.

Benefits of Trademark

The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

What purpose the Trademark system serves ?

It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.

It guarantees the identity of the origin of goods and services.

It stimulates further purchase.

It serves as a badge of loyalty and affiliation.

It may enable consumer to make a lifestyle or fashion statement.

Who benefits from a Trademark ?

The Registered Proprietor of a trade mark can stop other traders from unlawfully using his trademark sue for damages and secure destruction of infringing goods and or labels.

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