Trade Mark

What is a Trade Mark?
A Trade Mark is any mark which can be graphically represented affixed to any goods or services for the purpose of identifying, distinguishing and indicating the source of origin of the goods/services of a trader or manufacturer as the case may be. This mark may be a name, symbol, or a combination of thereof. A trademark once applied and registered, exists in perpetuity subject to periodic renewal and use of the mark in respect of the goods or services for which it is registered and used.

Trademark registration benefits include:

  • Trademark registration provides constructive notice of the registration, and defeats a claim that an infringer did not know that the company's trademark was registered;
  • Trademark registration establishes jurisdiction to file a trademark infringement action at plaintiff's place of business;
  • Trademark registration may be the basis for awarding damages;
  • Trademark registration establishes the presumptive right of the trademark owner to use the trademark throughout the country;
  • The presumptive right can become incontestable with use of the mark within five years and one month;
  • Other companies that conduct a trademark search prior to adopting a trademark would most likely NOT adopt a mark closely the same or similar to the company's trademark;
  • A registration on the Trademarks Register can be the basis for the seizure of counterfeit or infringing merchandise; and
  • For those companies that wish to expand internationally, the date of registration may be used as the priority date in other countries, if they are a member of an international treaty, such as the Paris Convention.

What is our role?
We are one of the leading Trade mark consultants in India, and are engaged in helping our client in conducting trade mark search, making application for registration of trademark.

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