A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities
Legal protection is also fallout of the intensive globalization and trade that is taking place among countries across the world. International trade and commercial obligations have been made increasingly dependent on IPR commitments.
Patents: these protect inventions and are awarded to novel, non-obvious, industrial applications
Copyrights: these protect artistic and literary works and offer strict protection for form and substance only
Trademarks: these protect brand names used for identification of goods and services
How is it Possible in India?
By filing application an application in the appropriate form with fee and registered office and company in one of the five office of the trade marks registry located at Ahmedabad, Mumbai ,Chennai , Delhi, Kolkata depending on the place where the applicant has his principal place of business and in case of foreign application and if the applicant does not carry on any business in India the application shall he failed in the registry within whose territorial limits the place mentioned in the address for service in India is situated.
The applications are then numbered followed by data entry, scanning and codification of figurative marks in computer. The application is examined to ascertain whether the trade mark is capable of being respected graphically (that is in paper from) and also whether the trade mark is capable of distinguishing the goods or services and to check that it does not conflict with exiting registered or pending trademarks and its registration is not prohibited under other provisions of the act and an examination report is issued.
If it is found to be acceptable then the marks applied for is published in the trade mark journal to allow any party to oppose its registration. If no opposition is filed or if the opposition is decided in favour of the applicant then, the mark is registered and a certificate of registration is issued in the name of applicant.
Legal protection is also fallout of the intensive globalization and trade that is taking place among countries across the world. International trade and commercial obligations have been made increasingly dependent on IPR commitments.
Patents: these protect inventions and are awarded to novel, non-obvious, industrial applications
Copyrights: these protect artistic and literary works and offer strict protection for form and substance only
Trademarks: these protect brand names used for identification of goods and services
How is it Possible in India?
By filing application an application in the appropriate form with fee and registered office and company in one of the five office of the trade marks registry located at Ahmedabad, Mumbai ,Chennai , Delhi, Kolkata depending on the place where the applicant has his principal place of business and in case of foreign application and if the applicant does not carry on any business in India the application shall he failed in the registry within whose territorial limits the place mentioned in the address for service in India is situated.
The applications are then numbered followed by data entry, scanning and codification of figurative marks in computer. The application is examined to ascertain whether the trade mark is capable of being respected graphically (that is in paper from) and also whether the trade mark is capable of distinguishing the goods or services and to check that it does not conflict with exiting registered or pending trademarks and its registration is not prohibited under other provisions of the act and an examination report is issued.
If it is found to be acceptable then the marks applied for is published in the trade mark journal to allow any party to oppose its registration. If no opposition is filed or if the opposition is decided in favour of the applicant then, the mark is registered and a certificate of registration is issued in the name of applicant.