Who can apply for a Trademark?
A trademark application can be made by:
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.
Advantages of Trademark Registration..
Excellent Business Opportunity: A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
Legal Protection :A registered trademark owner has the legal right in case of infringement i.e. you doubt that your trademark has been copied by someone else, you sue them for copying your logo, brand, name, or slogan.
Exclusive rights: The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products/services that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
Protect the Commercial Goodwill: A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
Advertising sales: The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.
Examination of Trademark
After the trademark application is provided for the Vienna classification, the trademark will be considered by the Trademark officer following specific guidelines and procedures. The officer may accept or deny the application as per his/her choice.