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What is Trade mark ?

WELCOME TO ALL DELEGATES By Dr. S. N. Maity Controller General of Patents, Designs and Trade Marks Office of The Controller General of Patents, Designs and Trade Marks Govt. of India. What is Trade mark ?

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What is Trade mark ?

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  1. WELCOME TO ALL DELEGATESByDr. S. N. MaityController General of Patents, Designs and Trade Marks Office of The Controller General of Patents, Designs and Trade Marks Govt. of India

  2. What is Trade mark ? A trade mark popularly known as brand name, is an identification symbol which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade to enable the purchasing public to distinguish one trader's goods from similar goods of other traders.

  3. How to select a Trade Mark ? • A trade mark may be a word, letter a device or numeral or any combination thereof. It is better if it is simple in design. • b. If it is a word it should be easy to speak, spell and remember. • c. The ideal word for a trade mark is an invented or coined word. • d. Words which are laudatory or which directly describes the character or quality of the goods should not be adopted. • e. Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted.

  4. Rights conferred by registration  The registration of a trade mark confers on the registered proprietor of the trade mark the exclusive right to use the trade mark in relation to the goods in respect of which the trade mark is registered and to obtain the relief in respect of infringement of the trade mark by others. The registration of a trade mark is not compulsory. However, without registration a owner of a trade mark cannot bring an action for infringement to protect the mark if it is copied by others. Suing for infringement of a trade mark is much simpler than launching a common law action for passing off to protect any unregistered trade mark.

  5. How is registration obtained in India ? By filing an application in the prescribed form with fee of Rs. 300/- in one of the five office of the Trade Marks Registry located at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad depending on the place where the applicant resides or has his principle place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trade marks and examination report issued. If it is found to be acceptable then it is accepted and advertised in the Trade Marks Journal to allow others to oppose the registration. If there is no opposition or if the opposition is decided in favour of the applicant then the mark is registered and a certificate of registration is issued.

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