Name & Fame of a business is a very important asset of the business.Without Name & Fame a business cannot survive in this competitive market.For example,“APPLE INC.” a US based company dealing in Electronics product has achieved Prestige and Goodwill all over the Globe because of its Product’s quality and superior services.Suppose an another company registered its Name similar to “APPLE INC.” and by taking the advantage of its name provides Low quality products and poor services along with unacceptable behavior with the consumers.This can impact materially the market of “APPLE INC.”

In India also taking the advantage of other’s name is a common thing.So to protect the Goodwill of well established companies and to register the name/style of business The Trade Marks Act,1999 is established in India.

Meaning Of TRADEMARK:-

As Per Section 2 of Trade Marks Act,1999 ‘Trademark’ means a mark which can be represented Graphically and is able to distinguished Between one good/product from another.

A Trademark is a Mark which is used in course of trade.A Trademark belongs to the firm that first adopts it and uses it.

For Example, PEPSI, NIKE, BATA, SAMSUNG

Benefits Of Trademark:-

• Builds Trust and Goodwill
• Differentiates one’s product from another
• Creation of Asset i.e Intangible
• Global Trademark Registration
• Attract Human Resources
• Recognition to product’s quality
• Exclusive Rights
• Protection against Infringement

Grounds on which Registeration of Trademark can be refused:-

• In case Mark is not able to distinguish goods/services from one person to another
• Trademark which becomes customary in current language
• Trademark which serve in trade to designate kind,quantity,quality etc.
• Trademark which is likely to cause confusion
• When goods are dissimilar to each other but the other good has a well known Trademark
• Trademark which can hurt religious sentiments
• Mark prohibited under Restricted Emblems and Names

Other Main Points Related to Trademark:-

• Any person Proprietor of Trademark who is desirous of registering it shall apply in writing to Registrar for Registeration of Trademark
• Registeration in several class of goods/services can be made through single application however fees has to be paid on the basis of number of classes
• There is no expiry of Trademark however it has to be renewed from time to time in 10 years
• Protection on unauthorised use of Trademark is available even if Trademark is not Registered
• If a Trademark is not used for 5 years it becomes liable for removal

For any further queries or requirements contact

Team
Compliance Arena
info@compliancearena.in
8447773833