Trademark and the Process to Register in India
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What are trademarks?

A trademark is a type of intellectual property consisting of a recognizable sign, or expression which identifies products or services of a particular source from those of others.

Who can own the trademark?

A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label or on the product itself.

What is the fundamental concept of Trademarks?

The essential function of a trademark is to exclusively assist in identifying the source or origin of products or services, it indicates the source or serves as a badge of origin. Certain exclusive rights are attached to a registered trademark.

What does infringement of trademark mean?

Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. Simply put, when an unauthorized person uses a trademark that is identical or deceptively similar to a registered trademark, it is known as trademark infringement.

What are constituent elements of infringement of trademark?

Unauthorized Person, identical or deceptively similar (whether there is chance for a likelihood of confusion among the public), Registered Trademark, Good/services. Any use of exclusive statutory rights of a registered trademark constitutes infringement.

What are jointly owned trademarks?

When more than one legal entity come together to act as proprietor of a trademark, either for a joint entity created by both or to share in accordance for a good and services provided jointly by them, they are said to be joint owners of trademark.

How long does a trademark last?

Trademark can last for an eternity. All that is required to maintain trademark rights is the continued use of that mark in relation to the goods or services a venture offer. This is different to copyrights and patents, which have expiration dates and eventually enter into public domain.

What is the process of registration of trademark in India?

Trademark search, filing Trademark Application at Trademark registry India, then Examination, the examiner might accept the trademark absolutely, conditionally or object to it. The examination might take one year. Thereafter the trademark has to be published, so that anyone who objects to registering of the trademark has opportunity to oppose and present his case. Finally, a registration certificate under the seal of trademark office is issued after successfully clearing the aforementioned steps.

(The author, Prachi Mishra, is a Supreme Court lawyer and Additional Advocate General, Chhattisgarh)

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