Trademarks is a symbol, word, or words legally registered or established by use as representing a company or product. A¬†trademark,¬†trade mark, or¬†trade-mark¬†is a recognizable¬†sign,¬†design, or¬†expression¬†which identifies¬†products¬†or¬†services¬†of a 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.
Who can apply for Trademark? :
A person who claims to be the proprietor of the trademark can apply for the registration of its mark for goods as well as services. A person may apply for registration of a trade mark to the Trademark office under whose jurisdiction the principal place of the business of the applicant in India falls.
In case, The principal place of business is outside India, Then the application can be filed in the Trademark office under whose jurisdiction the office of the lawyer appointed by you is located. In case of a company about to be formed, Anyone may apply in his name for subsequent assignment of the registration in the company's favor. Before making an application for registration it is prudent to conduct a trademark search in the Trademark office in context of the already registered trademarks to ensure that registration may not be denied in view of resemblance of the proposed mark to an existing one or prohibited one.
Who can use a Trademark? :
The right to use a mark can be exercised either by the registered proprietor or a registered user.
What are Legal Requirements for Registration of Trademark in India? The legal requirements to register a trade mark under the Legislation are :
Copyrights is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.Copyright¬†is a¬†legal right¬†created by the law of a country that grants the creator of an original work¬†exclusive rights¬†for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by¬†limitations and exceptions to copyright¬†law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
Patent means a license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.A¬†patent is a set of¬†exclusive rights¬†granted by a¬†sovereign state¬†to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an¬†invention. An invention is a solution to a specific technological problem and is a product or a process.¬†Patents are a form of¬†intellectual property.
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