Trademark Registration
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Trademark Registration
Trademarks are words, names, symbols, brands, devices, headings, labels, tickets, signatures, letters or numerals or any combination there of, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from goods manufactured and sold by other. A person who sells his goods under a particular Trademark acquires a sort of limited exclusive right to use the mark in relation to those goods. Such a right acquired by use is recognized as a form of property in the Trademark, and protection under common law. A person can also acquire a similar right over a trademark, not so far used but only proposed to be used, by registering it under the Trademark Act.
In India, you can protect a trademark for goods or services, on the basis of either use or registration or on the basis of both elements. A registration of a Trademark is for 10 years, but it can be renewed without restriction in time by payment of renewal fee for next 10 years. Thus a trademark may be protected indefinitely.
(1) SERVICE MARK
Service marks are used by the services industry to indicate the source or origin of the services in India. Service marks can now be registered under classes 35 to 45Service Industry providing services like Wholesale & Retail Traders, Showroom, Beauty & Health Care, Insurance, Courier, Transport, Communication, Educational & Entertainment are now in a position to protect their Names & Marks.
(2) WELL KNOWN TRADEMARK
Now Well Known Trademarks will enjoy a greater protection. Persons will not be able to register or use the mark if that is a well-known trademark although the goods are different.
(3) COLLECTIVE MARKS
Now it will be possible to register a Trademark by Associations or Co-operating Societies, Textile Associations, Jute Associations & Silk Associations etc.
DURATION OF THE REGISTRATION
The registration of a trademark is valid for a period of 10 years and can be renewed from time to time for further periods of 10 years. If the mark is not renewed it will be removed from the register. A mark that has been removed can be restored by filing an application with in 1 year from the expiration of the last renewal. By renewing it the mark can be kept alive indefinitely.
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