Trademark

TRADEMARK REGISTRATION

A trademark is a visual representation attached to goods for the purpose of indicating their trade origin. Trademark as a mark capable of distinguishing the goods or services of one person from those of others.

 A trademark serves the purpose of identifying the source of origin of goods and services. Trade mark perform the following functions:

• It identifies the product and its origin. For example the trademark ‘Brooke Bond’ identifies tea originating from the company manufacturing tea and marketing it under the mark
• It guarantees its quality. The quality of tea sold in the packs marked  ‘Brooke Bond’ tea would be similar but different from tea labeled with mark ‘Taj Mahal’
• It advertises the product
• It creates an image of the product in the mind of the public particularly consumers or the prospective consumers of the goods/services 

To protect the registered trademark, the following remedies can be resorted:

• Civil Remedies : When instance of infringement and passing off occur, the court of competent jurisdiction can be moved for grant of interlocutory injunction, damages and account of profits
• Criminal proceedings : Complaints may be made against the person causing infringement

Administrative Remedies- Opposing the registration of a deceptively similar trademark when the Trade Mark Registry is in the process of considering the grant of a trademark, can protect the trademark. The Registrar can also be moved for removal of a deceptively similar trademark, If registered.

 

Sr. No	Title	Open This Link
1	Trademark form & Fees	Click Here
2	Trademark Acts	Click Here
3	Trademark Manual	Click Here
4	Trademark Rules	Click Here

Contact Us

K.BEHARI & ASSOCIATES
Kunj Behari Mahipal
[Project Consultants]

C.Shekhar Mahipal
(B.Com, LL.B Advocate)
[Project Consultants]

ANAND SHANKER & COMPANY
C.A. Anand Shanker Mahipal
[Chartered Accountants]

Contact Info:
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