Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts

Monday, August 21, 2017

Register your trademark to protect your Company name and Brand name

Register your trademark to protect your Company name and Brand name

 


Trademarks are a source of helpfulness for a business. Trademarks discriminate your goods from those of a third party and tell consumers the source of the goods and pass on a message of quality to the consumer. Businesses waste a lot of time and money on packaging, names for products, advertising and marketing. If you are not doing the trademark search and filing the trademark application, that money could be wasted if a third party has before now been using that name.


The trademark registration is not rigorously essential. Using a trademark for a definite period of time sets up your ownership of the trademark through common law and offers you assured trademark rights. However, these rights are fairly limited compared to the rights of a registered trademark owner. If your trademark has not registered, your trademark rights are incomplete to the geographic area where the trademark has been used and you will have to demonstrate ownership of your trademark to the court.


Many people consider that registering the name as a company at Companies House, or owning a domain name provides them privileges to use that name and stop others using it. The simply positive way of being capable to use a name and stop someone else using it, is to register it as a trade mark. If you want to trademark registration in india for your business you must first be confident no one has registered the same or a similar trade mark for what you will be selling. The analysis is whether consumers may be confused between your trade mark and ones that are already registered and not just for how it appears, but also how it sounds and what it means.


Trademark infringement is a destruction of the rights detained by a trademark, without any authorization from the owner or licensee of the trademark itself. The trademark infringement is needy on the trademark laws of the area in question, and what might be a trademark infringement in one jurisdiction would not be in another. Trademark infringement has faithful when a trademark that has been in use or one that has been registered has been copied or broken in some way. The person damaging a trademark is assigning trademark infringement and can be focus to penalties under the law.


The trademark litigation occupies a disagreement over whether one party has encroached on the other rights of trademarks. Trademark litigation also involves disputes over whether the characteristic configuration or packaging of a product line has been infringed. Excessive competition claims, often declared together with trademark claims, can be made when a defendant product is probable to confuse the public in India as to the affiliation between goods, services or companies. It can also contain false advertising. Trademark litigation has settled punctually in most cases, there are you can find each case as though it will be tried, so that we will be ready for anything should a quick settlement fail to become visible.


Brand name is a shape of trademark which recognizes the brand owner as the profitable source of products or services. The brand owner may ask over for to look after the proprietary rights in relation to a brand name during trademark registration. The trademark brand is an application to build domination so that the brand owner can obtain some of the reimbursement to those related to decline price competition. You can get this service easily by contacting trademark lawyer. Here you got a lot of information about trademark registration and how to get registration of trademark, if you wish to get more knowledge must visit our web portal.


 


 

trademark registration is a very important process to protect your company name or brand name. Tm India is one of the leading law firms in India, We offer trademark litigation, trademark search,patent registration, trademark infringement and many more services.

 




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Friday, July 28, 2017

How to Register a Trademark

How to Register a Trademark

At long last, you've got your new business, product or service raring to go! The bulk of the set-up is finished. Your business model is ready. You've even crafted a catchy icon or image that flawlessly encapsulates your new brand, and chances are, you have already dreamt up a logo that you envision printed in a glossy magazine! So catchy and ingenious are your ideas, that not only will they be remembered...they may be used by others. And not for the purposes of promoting your brand.



The only surefire way to ensure full protection of your intellectual property is to register your trademark - which means you'll keep exclusive rights to that brilliant catchphrase you came up with. This is a basic overview of how to register your trademark, but keep in mind that in practice, the process can be tricky and messy enough to require lawyers. So consider the steps below only as a very general and simplified summary.



First Step: Before you lose any blood, sweat, or tears over the registration process, make sure that a trademark is indeed what you need. According to the U.S. Patent and Trademark Office (USPTO), a trademark will protect a "word, phrase, symbol or design, or combination of words, phrases, symbols or designs which identifies and distinguishes the source of the goods or services of one party from those of others." Looking to protect your product or your poem? You'll need patents or copyrights, not trademarks. These three types of federal protections are frequently mixed up. Just think of it this way: Trademarks protect the reminder of your products or services, not the products or services themselves.



Second Step: This tends to be the goriest part, and is technically optional: research. However, it is highly recommend that you do this. The very last thing you want is to waste your time, money and prayers on submitting your current idea - only for it to already be in use! So re-fill that mug of coffee and hop onto the USPTO website and thoroughly search through their database to make sure that your dream trademark isn't already in existence. This online database, called the Trademark Electronic Search System, is provided free of charge.



Step Three: Are you in the clear? Great! Now you can draft your request. Come up with a description of your trademark, of its use and what it represents. Consult the USPTO's Acceptable Identification of Goods & Services manual to ensure that your trademark-in-waiting will qualify for registration. Now, if you're looking for a design trademark, create a GIF or JPG image file of your design. Otherwise, be ready to type it in during your online filing.



Step Four: Now you're ready to officially file. Have ready your credit card, your design (if applicable), and your time, so that you can complete this step with minimum complications or delay. As of 2010, the fee is $ 325. Yes, it indeed costs money to file. But remember, the benefits of a trademark should outweigh the cost! Going back on the USPTO website, select "Filing" from the "Trademark Electronic Business Center." Click eTEAS to file electronically or alternatively, choose printTEAS to merely fill out the application electronically (which you will then print out, attach your drafts to, and mail to the PTO with payment). Carefully follow their directions every step of the way. Quick note: Since you're going to be using your trademark commercially, select "Actual Use" when asked.



Step Five: Exhale again! You've now filed, and all you'll need to do is wait to see if your request is approved. You will be assigned a serial number for your request, so that you can check on the status of your submission using their TARR system. Bear in mind that it'll take at least four months to receive a Certificate of Registration, should your request be accepted. So as excited as you may be, you've got to be patient!



Step Six: Meanwhile, you can start using "TM" notation after your brand's name, logo or design to convey that it is an unregistered trademark - right now! This will provide some protection, but only a limited amount. However, once you receive your Certificate of Registration, the coveted R-in-a-circle (designating a registered trademark) will be yours to use. Good luck!


 





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