Trademark protection is some thing that each and every entrepreneur need to be aware of, since trademark registration can play a vital role in the procedure of establishing a brand name.
A trademark refers to a logo, symbol, name or other device that identifies a specific business. In some jurisdictions, such as the United States, a distinction is made between two sorts of mark trademarks and service marks. Trademarks identify physical goods that are manufactured, produced, sold and distributed, whilst service marks identify services that are supplied by a organization or an individual in exchange for payment.
In the Indian Union, trademark (brand name) rights arise by means of use as a trademark. There is no legal requirement to register a trademark. However, there are numerous benefits to having a trademark registered with the Indian Trade Marks Registry (TMR).
Trademark registration is possibly the most essential piece of a company’s intellectual property protection program. Without having trademark registration, a company relies solely upon widespread law rights in the geographic location in which it uses the trademark. Most significantly, with out registration, a latecomer could register a mark identical or comparable to the company’s mark. This registration by another user might block the expansion of the company’s use of its trademark in other areas or might block the company’s later attempt to register its trademark. That’s certainly a hard pill to swallow for the organization which could have averted these issues with early registration. If the organization had registered it prior to the other user, the TMR would have denied the other’s very same or confusingly similar trademark. In addition, the organization would usually have rights superior to the latecomer, and would not be blocked in its expansion plans.
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