2. It should be capable of distinguishing the goods or services of one undertaking from those of others.
3. It guarantees the identity of the origin of goods and services.
4. The Registered Proprietor of a trade mark can stop other traders from unlawfully using his trademark sue for damages and secure destruction of infringing goods and or labels.
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A trade mark (popularly known as brand name) in laymans language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
A soft copy of the logo in JPEG format.
TM 48 (form of authorization).
Date of first use of the mark.
Name and address of the proprietor
Different Types of Applicants fees criteria as under
For Proprietorship/Individual – 4500/-
For LLP/Private Limited Company- 9000/-
Trademark Search and Classification
Filing of Application
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.The selected mark should be capable of being represented graphically (that is in the paper form)
.It should be capable of distinguishing the goods or services of one undertaking from those of others.
.It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.
FIt guarantees the identity of the origin of goods and services.
It stimulates further purchase.
It may enable consumer to make a lifestyle or fashion statement.
The Registered Proprietor of a trade mark can stop other traders from unlawfully using his trademark sue for damages and secure destruction of infringing goods and or labels.
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An application for registration of a trademark in India may be made by any person claiming to be the proprietor/owner of a mark for those goods and services for which he is using or intends to use the mark.
Two companies can have the same name but that too in the following way: abc pvt. ltd. ... Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern.