If the
trademark is talked about in a simple way, it means that it is easy to
understand that trade means trade and mark means that this symbol was very
important for launching any business in the market. told and is not even for
startup. If we consider it an exam, then if we launch a pen in any market, it
is very important to have it symbolized. Because if that dress is sold in the
market tomorrow at a good price and is sold in good quantity and its property
become very good, then what will happen to it whenever any person wants to buy
your pen from him, he will first recognize your pen from your simple, that yes
it is a fan of the same brand. Therefore, if he buys this thing, then one
symbol plays a very important role to launch any new startups.
Trademark
for life:
We will
understand this in the simple way. If a trademark is not a picture in our mind,
a tagline, a symbol, a brand, then it needs a trademark to protect us. It is
called a trademark. And it takes at least 2 years for any trademark to be registered.
You must have seen any brand coming down ™ symbol is a sign. That means that it
is the register By government.
Types of
Trademarks:
1- Word marks:
Only right in words, letters or numerals, no protection in representation of the mark.(word only)
2- Collective marks:
Specially marks are used for a group of companies respectively collectively. ( Sony used by Xperia and Bravia etc)
3- Certification marks:
It is used to define the standards. (ISI)
4- Well known trademarks:
A mark is recognized among a large percentage of population it is termed as a well known mark, well known marks enjoy greater protection. (extra fees) (either on application or if the court has declared).
5- Unconventional trademarks:
Marks get recognition for their inherently distinctive features.
- Colour trademark
- Sound trademark
- Shape marks
- Smell marks
Registration (section 18-23):
Section 18- An application for registering a single registration in different categories, fee payable for each category.
Section 19- A register withdraws an application after its been accepted but before the trademark is registered it is the reason for it after hearing it from the applicant.
Section 20- Application in a advertisement
Section 21- In 3 months a date of advertisement by opposition to registration.
Section 22- In application is correction and amendment.
Section 23- Finally registration
Infringement:
Section 29 & 30 deal with the infringement.
Section 29- A trademarks is not used by the person when they are not authorized.
- Use the trademark registration after making a little alteration and addition.
- In oral is not an infringement the trademark of registration must be in written or printed.
- In which the trademark of infringing must be used in the courses in the regular trade in the registration trademark owner involved in.
Section 30- The uses of trademark are identifying goods and services as those as proprietors.
- Uses honesty in accordance to practices in industrial or commercial matters.
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