TRADEMARK REGISTRATION LAWYERS IN DELHI & GHAZIABAD

Trademark is a word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. The main purpose of a trademark is to designate the source of goods or services.

WHAT IS A TRADEMARK?

According to Section 2(zb) of the Trademark Act, 1999, Trademarks are graphical or visual representation props used for differentiating goods or services given by one person from another. This includes shape of goods, their packaging and combination of colours. We often identify them as ‘LOGOs’ in layman terms.

TYPES OF TRADEMARK

Service mark

A service mark is a word, symbol, sign etc. used to recognize and differentiate the goods and services of one provider from other.

Collective mark

A collective mark is used by employees, associations or collective groups to highlight the source of goods and services.

Certification mark

A certificate mark is verification mark which signifies the finalisation and completion of judicial and authority related formalities and practices.

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WHO IS THE OWNER OF TRADEMARK?

As per Section 28 of the Trademark Act,1999 the rights of owner are provided. According to this Section, owner of trademark is a person or group of people who have the exclusive right to use of the trademark for the goods or services they offer and to right to demand for compensation if an infringement of such trademark takes place.

Illustration:

Rajesh Singh owns a company called HGP which works in real estate and construction. The logo or trademark of his company is-

Under the above provision, Rajesh has the right to utilise this trademark for his business purposes and to identify and distinguish himself and can sue for its infringement if it ever takes place. Rajesh is owner of this trademark.

the process of registering for trademark

HOW TO REGISTER FOR TRADEMARK?

Steps are given below:

Step 1: One has to fill an application before the Registrar of Trademark.
Step 2: The mark is then examined for its capability to be distinguished and differentiated or if it is prohibited for registration by any law in force.
Step 3: The owner of the business has to file an application for use by him or for his business. It can be in the name of the owner or the business he is setting up.
Step 4: As per the 4th schedule of the Trademark Rules, 2002 the owner has to mention the classification of his/her business.
Step 5: Now, the Registrar decides whether to grant the trademark or not. If he approves the trademark, it is displayed in the weekly trademark journal on the website of http://www.ipindia.nic.in/.
Step 6: The last step is making payment of fees for trademark registration by applicant.

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HOW TO FILE A SUIT FOR COPYRIGHT INFRINGEMENT?

Remedies for Trademark Infringement are as follows

Injunction

Injunction is defined as stopping someone from pursuing a particular task or activity through judicial process.

Damages

The recovery of losses faced by the owner due to infringement of trademark. The amount of damages decided and accorded by court after looking into facts.

Custody of infringing materials

Under this the Court can direct the authorities to withhold the goods and products which have been labelled by the trademark so infringed.

Jurisdiction for a suit of infringement

Under Section 134 of the Trademark Act, 1999 the owner may file a suit at the district court within his/her local limits.

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