Trademark Registration
Trademark is a logo, name, sign or mark which is used to differentiate
the goods or services of one party/person from those of others. Trademark may
consist of drawings, symbols, shape, number, word, sound, smell and packaging
of goods or colors used as distinctive feature.
Symbols
· ™ (for an unregistered trademark)
· ® (for a registered trademark)
Only owner of a registered trademark can use the symbol ® in India.. There is no prohibition on the use of the symbol ™ in India.
Applicable Act
· ® (for a registered trademark)
Only owner of a registered trademark can use the symbol ® in India.. There is no prohibition on the use of the symbol ™ in India.
Applicable Act
The
law of trademarks is governed by the Trade Marks Act, 1999. The Act provides
for the registration of trademarks relating to goods and services in India.
Qualities of a Good Trade Mark
A good
trademark should hold the following qualities-
·
Easy to pronounce, spell, remember.
·
Should be distinctive and should not have deceiving similarity.
·
Should not be explanatory.
·
Admiring word/words such as best, perfect etc. should be avoided.
Note: Registration is not mandatory but it is worthwhile to do so.
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