A Trademark is a type of intellectual property protection, under which a word, phrase, visual symbol and/or design used by a company to distinguish its goods or services from other similar goods or services originating from a different company can be protected. A trademark registration will confer an exclusive right and legal certainty to the use of registered trademark by the right holder.
Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.
A logo is a brand identity for representing businesses. A logo should represent the the characteristic spirit manifested in the attitudes and aspirations of the company it stands for. Sometimes people identify the company through the logo; although they might have forgotten the name. Registration of the logo as a trademark makes it a legal document which can be used in the court of law in case of brand infringement.
Section 29(2) of the Trade Marks Act 1999 recognizes the concept of likelihood of association wherein the consumer is likely to believe that the defendants’ mark has an association/affiliation/connection with the plaintiff. Thus in Section 29(2) read with section 29(9), the legislature has included the spoken use of the words also; therefore, it is evident that the pronunciation of the trademark is clearly a determining criterion in ascertaining infringement.
Under the Madrid System, Trademarks are registered worldwide in a convenient and cost-effective way. The Madrid Protocol is one centralized system to apply for protection of trademark in 115 countries by filing a single application. “An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile… Continue reading Provisional Refusal of International Trademarks in India
A trademark filed or registered in a particular class will protect your trademark only in the class in which trademark is filed. A trademark can be filed in one or multiple classes. In India, a trademark can be filed in multiple classes within the same application.
Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. and Ors’ 2009 (41) PTC 336 (Del.) (DB) is a judgment of the Delhi high Court that arrangements with the issue of mediating the peculiarity of a trademark when it is at first sight, “expressive” in character.For the situation, Cadila Healthcare Ltd. propelled an item containing ‘aspartame’, a sugar substitute, under the brand name ‘Sugar-Free’ in the year 1988.
change in the trademark law will bring an important change not only to the community trademarks that allows to obtain with a single application a trademark valid in all the territory of the European Union but also for national trademark owners in the European Union (EU).