Trademark

A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others.

A SERVICEMARK is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.

A WORDMARK is where the owner is claiming rights only in the word, letters or numbers themselves, without claiming any right in the manner how these words are presented is. Thus, a wordmark refers to the right of the owner only on the words, letters, etc. but have no right on the way it is presented.

A CERTIFICATION MARK is a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor so as to differential with respect to. For example ISI falls in the category of Certification Marks. These marks can be used only in accordance with defined standards.

A SOUND TRADEMARK is a sound or melody with a distinctive recognition effect. In order to able to protect it, the sound must be reproducible graphically.

COLLECTIVE MARK is a mark that distinguished the goods or services of the members of an association of persons. Such association of persons is the proprietor of the mark in such a case like CS by The Institute of Company Secretaries of India.

LOGO
A logo is a sign, which can discriminate your services &goods from those of other traders and gives you an exclusive right to use it. Your logo registration will avert third parties from using, without consent, similar logo for similar goods & services as those protected by registering your logo in India.

We are are engaged in helping our client in:

  • conducting trademark search
  • advising on registrations of trademark
  • making trademark application
  • attending trademark hearing
  • replying to trademark examination report
  • filing opposition, replying to opposition
  • conducting raids on pirated products
  • filing court case for infringement and attending litigation matter for civil as well as criminal and taking injunction order from the court
  • publication of the mark in the Trademark Journal and forwarding the copy of publication to applicant
  • obtaining a certificate of registration
  • renewal

A new Trademark regime has been introduced in India by The Trade Marks Act, 1999.

A Trademark is designated by the following symbols:

  •  ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
  •  â,, (for an unregistered service mark, that is, a mark â,, superscript SM used to promote or brand services)
  •  ® (for a registered trademark)