Trade Mark Registration

What is Trademark?
Trademarks are words, names, symbols, brands, devices, headings, labels, Signatures, letters or numerals or any combination therefore, used or proposed to be used by manufactures of goods to identify and to distinguish their goods from goods manufactured and sold by others. A trademark popularly known as brand name is an identification symbol which may be a word, a device, a label or logo etc. A trademark may be a word, letter a device or numeral or any combination therefore. It is better if it is simple in design. The ideal word for a trade mark is an invented word.

What are the Benefits of Trademark Registration?
Trademark registration protects the goodwill of a business and also helps to identify and distinguish the source of the goods or services of one party from those of others. Trademark registration is an evidence of ownership of the trademark and also constructive notice nationwide are issued of the trademark owner's claim. Trademark registration in India can also be used as a basis for obtaining registration in foreign countries.
How Is Registration Obtained In India?
By filing an application in the prescribed form with fees in one of the five offices of the Trade Mark Registry located at Bombay, Madras, Delhi, Kolkata and Ahmadabad, depending on the place where the applicant resides or has his principal place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report issued.
Safeguards To Be Taken By The Owner Of A Registered Trademark To Protect His Rights :-
• He should use and renew the trade mark regularly and in time.
• If his trade mark is copied by other he should file a suit for infringement and passing off and also take criminal    action.
• He should keep a watch in respect of trademarks advertised in the Trade Marks Journal and institute opposition    proceedings if identical or deceptively similar trademarks are published.
• He should initiate rectification proceedings if an identical or deceptively similar trade mark is registered.