Thursday, 2 February 2017

Features & Benefits of a Trademark



Intellectual Property has emerged as the most important asset of a modern business, which usually includes copyright, trademark, design, geographical indication, patent, industrial design etc. It allows manufacturers and traders to develop their products and services safely and confidently by creating healthy competition in the market; consequently the manufacturer and traders can develop their products more effectively. IPR law firms help businesses and individuals in intellectual property registration in India. They often provide legal assistance related to all kinds of intellectual property such as patent, copyrights and trademark registry India. They charge certain amount as commission for their services apart from legible trademark registration fees in India.
 
Trade mark is a branch of Intellectual Property rights. Trademark is a symbol that distinguish good and services produced by one manufacturer from all others in the market. It includes any word, name, symbol, or device, or any combination, used, or intended to be used to differentiate the goods of one manufacturer or seller from goods manufactured or sold by others. Trademark registry India provides protection to the owner or the registered proprietor to stop other traders from unlawful use of the mark of the registered owner. 

According to the section 28 of the Trademarks Act, the registration of a trade mark shall give right to the registered proprietor of the trademark to exclusively use of the mark in relation to the goods in respect of which the mark is registered and to obtain relief in respect of the trademark in the manner provided under the Act. 

Features of a suitable trademark
  • If a trademark is expressed in word, it should be easy to pronounce and remember
  • If a trademark is a device mark, it should be preferably described by a single word.
  • A trademark should be easy to spell correctly and write legibly
  • It should not be descriptive.
  • It should be short and appealing
  • It must not belong to the class of marks prohibited for registration
  • It should satisfy the requirements of registration.
In case the trademark is wrongfully used, the owner of the trademark has right to file a suit for infringement in court of law and obtain injunction, damages and account of profits for wrongful use of trademark.

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