What are the Details of Trademark Laws and Procedure in India?

 

Legislation and trademark are different and it is important to understand the difference before you wish a brand name trademarked. As per the Indian trademarks law, it is important to provide assistance for suitable trademark registration that related to business service or goods. You can check the rights that have been granted in the legislative act of our country and it is applicable throughout India. 

Let us take you through some other details relating to what does trademark means. 

What do you understand by trademark?

A trademark indicates a word, symbol, phrase of word, word combination, or design that is used for trade purpose. It indicates the service or product that the brand caters to. It helps customers to identify your brand easily and also distinguishes it from the existing one. If two brands are catering to the same service or product and falling in the same category, it is the correct use of trademarked brand name that would distinguish the name. So, it requires the correct type of brand name and trademark a name properly for its suitable use in the market.

However, there is difference between trademarks, a copyright or patent. A copyright is used to protect artistic or any literary work whereas a patent is about protecting an invention. So, depending on the use of the service or product of your brand, you have to opt for name trademark that is relevant to your brand. It relates to the characteristics of the brand product and indicates the origin from where it comes. 

Know about goods and service classification 

There is a classification system of goods and services based on which they are trademarked and opted for registration. The classification system is almost the same and there are total of 34 classes of goods along with 8 categories of services to choose from. 

What rights are given along with registration?

Trademark registration relates to registered proprietorship of trademark indicating exclusive use of trademark relating to the service or goods. Due to the trademark registration it helps in exercising suitable right on the items and use them in the market. Even though trademark registration is not compulsory, it helps get protection and take suitable legal steps for any cases of infringement. Even when third parties try to use the trademark without your consent, you can file for infringement actions and take suitable measures for the same. 

Who can get a trademark?

Any person is eligible to opt for trademark registration to get exclusive rights of trademark to be used on the goods or service of the brand. When a company is about to be organized, anyone can apply for trademark registration in the name of company and avail of the trademark rights. 

Wrapping it up 

Apart from the above said steps, the trademark search and filling for its application is a vital work. In case of trademark search, it is important to look for the correct name that relates to your brand service or product.