FAQ

Most Frequently asked Quotations about Trademark, Copyright & Patent.

FAQ

Most frequent questions and answers

TRADE MARK is most valuable asset based on BRAND name of a product or service of a business organization. TRADE MARK is a name of goodwill of a product or service known to customers or clients.

TRADE MARK for BRAND Logo, BRAND Name, Images, Symbols, Words, Phrases and Initials or combinations of any of these can be registered.

Registration of TRADE MARK is required for legal protection of BRAND name. In case, anybody will try to misuse or copy of BRAND name or TRADEMARK. There may be initiate legal action for misuse or copy of BRAND or TRADE MARK. Damages can also be claimed for attempt to copy or misuse BRAND name or Brand Logo.

With registration of TRADE MARK Registry of BRAND name, owner business organization can get exclusive right to use that REGISTERED TRADE MARK. It includes that that business organization can use it or further it can be licensed against royalty payment or can be sold to any other business organization with exclusive right to use. No other individual or company can use said TRADE MARK without prior permission, otherwise legal action for infringement can be initiate for the same.

All the legal entities i.e. Individual, Proprietor, Partnership, LLP, HUF, Private Limited Company, Public Limited Company, NGO etc can apply for TRADE MARK.

There are about 45 classes of TRADE MARK REGISTRATION. Goods & services are classified into 45 classes by Trade Mark Registry. Every BRAND name or BRAND logo etc. is has to be registered in appropriate class as per the detail of Products & Services.

Yes, if any business organization is dealing in different types products or services with same BRAND Name or BRAND Logo or TRADE MARK, it can be applied for different classes with same BRAND Name or BRAND Logo.

Business organization can apply for registration of BRAND Name or BRAND Logo etc with Trade Mark Registry with required documents and with required fees for registration of TRADE MARK.

At International level, any business organization can apply for TRADE MARK Registration with TRADE MARK office of that country or by WIPO’s Madrid System. The international TRADE MARK REGISTRATION is executed under international trade mark conventions or treaties of Madrid Protocol, Berne Convention, TRIPS Agreement etc.

TRADE MARK symbol (TM) is usually used for unregistered TRADE MARK. TRADE MARK registered with Trade Mark Registry, Symbol is denoted as (R). This (R) symbol is protection against the use of same TRADE MARK name by others. Service organizations are used (SM) symbol and is applicable in class 35 to 45 of TRADE MARK.

Registration of TRADE MARK is required for legal protection of TRADE MARK. The concerned owner business organization of TRADE MARK can initiate legal action against that individual or business entity for the misuse or copy of TRADE MARK.

TRADE MARK is concern to words, logos, images, slogans, phrases etc., where as COPY RIGHT is belong to Photographs, movies, songs, books, software, literature etc. PATENT is concern with new technology, innovations and ideas based on research.

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