Which type of Trademarks can be Registered?
Trademark
- a mark capable of represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include the shape of goods, their packaging and combination of colours; and
- in relation to a registered trademark or mark used in relation to goods or services to indicate or to indicate a connection in the course of trade between the goods or services, as the case may be, and
- some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services to indicate or so to suggest to a connection in the course of trade between the goods or services, as the case may be, and
- some person having the right, either as proprietor or by way of the permitted user, to use the mark whether with or without any indication of that person's identity and includes a certification trademark or collective mark.
What is Trademark Registration?
In India, the Trademark Registration process is required if a company or individual intends to protect their logo from misuse by a third party. Trademark Registration would provide a legal right to initiate an action against the third party in case of Trademark infringement. Trademark Registration will also give an exclusive right to the owner to use it for its products or services.
Types of Trademark
Words and Service Marks
Shape Marks
Shape marks are the marks that are the shapes of the product or packaging of the business. The appearance of the product can distinguish the product from other products.
Logos and Symbols
Logos and symbols are the printed figure/design or character or painted design or figures that indicate the company's name, service or product's name.
Collective Marks
When the marks are linked with a group of people or services, collectively, the Collective Mark is said to be. The organization owns the Trademark, but multiple people can use it.
Series Marks
These are the marks registered to use before or after a chain of products where there would be a common suffix/prefix or symbol.
The Certification Mark
This is a mark which proves that the company has met the standards and quality of the products. This would make the public aware that a particular company's product has met the standards laid down by the certifying body.
It is always advisable to register your Trademark to save it from unauthorized use by someone else.
Created
& Posted by (Ramesh Kumar Gupta)
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