Trademark Registration In India- Trademark Registration In Delhi, Mumbai, Bangalore, Chennai
To be registrar the trademark should be distinctive and should not be similar to
any other trade mark registered for the same or similar goods or used by a competitor whether registered or not. In the case of a similar mark used by a contestant but not registered difficulties for registration will arise only if the owner of the mark chooses to oppose the registration. In choosing a trade mark therefore one has to see whether the mark satisfies the requirement of distinctiveness contained in section 9 of the Trade and Merchandise Marks Act, 1958. This is not very difficult. Thereafter the applicant has to verify as far as possible whether a similar mark, has been registered or used by others for similar goods. The applicant can make a search in the indexes kept for public inspection at the Trade Marks Office with or without professional assistance from practitioners of trade mark law. In the alternative a request for a search report may be made to the trademark registration in India in the prescribed form. It may be advisable to do both as it will provide some sort of evidence of bona fide of the applicant in adopting the mark which is very important. While choosing a trade mark it is dangerous to start from some existing trade mark and then make modifications. However, after separately adopting the mark, it should be ascertained whether a similar mark has been registered or used or already applied for registration. If the investigations disclose the existence of a similar mark, it is best to discard the mark chosen and start again the whole process. It is not always easy to decide whether two marks are similar. The best way to determine the question is to consider one's reaction and apply common sense.Trademark registration in Delhi is providing protection from unauthorized use of that trademark, which is going to register. The owner of a registered trademark may also commence legal dealings for trademark contravention to prevent unauthorized use of that trademark. Many numbers of people are attentive of the numerous benefits of owning a trademark registration which becoming familiar with complete customer satisfaction in India. The trademark is registered to create the goodwill, popularize, brand name, business name and logo as to discriminate and put aside the mark from competitors and fraudulent.
The Trade Mark Act 1999 & Trade Mark Rules 2002 govern the law relating to trade marks in India. The current law of trademarks is in harmony with Paris Convention for Protection of Industrial Property & TRIPS agreement. One of the main features of this amended Trade Mark law is that it recognizes well known marks. Registrations of trademarks which are imitations of well identified trademarks are not permitted. An application for registration of a trade mark can be filed at Registries located at Delhi, Mumbai, Chennai and Kolkata based on territorial jurisdiction. In case of foreign applicants, their agent's address in India shall be measured for the purpose of jurisdiction. Trademark registration in Delhi and trademark registration in Kolkata is providing logo registration in India, trademark lookup and logo registration services in India.
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