September, 17, 2010
Trademark is basically a logo, symbol or a phrase, which distinguishes a company from other companies in the international market. It is requisite for a company, whether established or ready to enter the race of international market, to possess a trademark. A trademark upholds the company’s image in the eyes of public, who are the prospective buyers, as this distinctive indicator distinguishes the company’s products & services from other entities.
So, the first, and the foremost thing is to conduct a trademark search, before getting the trademarks registered. There are many law firms, working for the same, where one can find different attorneys, with vast experience, handling numerous issues related to trademark. They not only offer complete paper work, but also guide about the company's growth and development, in order to get complete legal benefits. These law firms offer wide range of Company Law Services to domestic as well as international clients like :
- International Trademark Registration
- Free Trademark Search
- International Trademark Search
- Trademark Monitor
- Company Name Search
- Patent Trademark Attorney
- Brand Name registration
- Trademark Symbol
- Trademark Registration
- Trademark Infringement
- Trademark Search India
- New Company Registrations
- Company Trademark Registration
- Copyright Registration
- Company Patent Registration
- Patent Searches International Patent Filing
- Trademark Litigation International
- Trademark Logo
- Office Trademark Consultation
- New Patent Filing
September, 21, 2010
A trademark is a unique symbol or an indicator that is used by individual, an organization or any other legal body for distinguish its products or services from any other entity. Basically a type of intellectual property, a trademark is generally a name, image, logo, design, word or an amalgamation of these elements. The process of registration of a trademark is done as per the rules of government in India. By getting trademark registration, you can safeguard your property, thus maintaining its uniqueness.
Trademark Registration :
Whether a trademark is registered in Mumbai, Delhi, Kolkata or Bangalore, but the owner of the trademark gets bestowed with the monopoly right i.e. he gets the right to use trademark legally. An effective trademark registration is such that the trademark should be unique, distinctive and it shouldn’t resemble any other trademark registered for similar products. Also, the trademark should not be similar to the trademark of a competitor. Even if the trademark used by the competitor is registered or unregistered, you should not opt for the same trademark as it can create problems at a later stage.
So, you can get trademark registration done by various local governmental bodies. Besides, with the advancement, the trademark filling has become simpler. Now, you can even get your trademark registered online. While registering a trademark, the proprietor should be able to present the proof that the invention is original (in paper form).
When an individual or an organization breaches any other company’s or individuals trademark rights, trademark litigation happens. If the trademark is used by a third party without the trademark holder’s prior permission, litigation takes place. Basically, infringement occurs on use of well-established and famed trademarks by a third party. If the trademark holder notices the violation, he can file a case on the third party who had used the trademark without their permission. So, if your rights are violated and infringement has taken place, then you can surely file a compliant under the state as well as the federal laws.
Therefore, go for a trademark clearance search so that you can be sure that the trademark has not been used by anyone else. There are many legal consultancies that can assist you in determining a trademark that is not in use and can even help you in case of infringement. One of the most popular law firms that can surely aid you in various aspects related to trademark registration and litigation is Indian Legal Consultants.
September, 27, 2010
Any invention or innovation is liable to have a copyright or trademark that protects it from being replicated. In the same way, if you are setting up a business, it is essential that you obtain Trademark, Logo, Brand and Patent registration for your business. Registering your business under the Trademark Registration Act, 1999 saves you the trouble of filing a lawsuit against someone who has copied your business name, logo or brand, etc. It is important to explain in detail what these terms mean to give you a complete gist of the procedure of registering your business.
According to Wikipedia Online Dictionary, a trademark is “a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.” A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of all these. It is essential to consult a reliable and experience consultant who will guide you through the process of trademark registration. You should always consult an experienced consultant for any legality associated with your business so as to avoid any sort of legal complexities later. In India, you can get trademark registration with the trademarks office located in your jurisdiction.
A logo is basically a graphic mark that is used by business enterprises and companies to promote their business and products and to gain recognition in the market. Logos can either be entirely graphic or they can sometimes contain the name of the business or company as well. If you have a distinct logo for your business then is important for you to register it so that nobody else can replicate it. To have your logo registered, you need to consult a qualified and experienced lawyer who can guide you through the process of registration.
A brand is basically the identity of a product or a business. It can be in the form of a name, sign, symbol or slogan. A brand or a brand name that is legally protected is called a trademark. If you have undertaken the process of trademark registration, then your brand has also been registered and protected.
According to the Wikipedia Online Encyclopedia, a patent is “is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.” The procedure for granting a patent varies from country to country. The patent registration laws and procedures are decided by the national government of a country. A patent application must contain the claim to an invention and its applications in various industries. Then the patent registration office decides whether or not the invention is original. If it is, then the inventor is granted a patent. It is very important to register for a patent as you do not want your invention to be stolen by someone else and claim it as their own.
Indian Legal Consultants helps businesses and business men to undertake Trademark, Logo, Brand and Patent registration in India. Our qualified and experienced consultants and lawyers guide you through the entire procedure of registering your business.
October, 28, 2010
Copyright is an exclusive right granted to the creator to make sure that no one copies his work whether published or unpublished. This is done to protect any piece of art such as a novel, music or any content invented by the original creator and to make sure they are rewarded for the work they have done. Whereas, trademark is basically a word, symbol or a name that distinguishes one firm from the other. It is an important way to differentiate your products or services from the other competitors operating in the market. Trademark registration is important to enhance your brand visibility in the international market. Therefore, it should be unique and should not match with other trademarks registered by any other organization. Trademarks and copyright are essential aspects to protect your work from being copied by others.
Read the write-up ahead to known how you can protect yourself….
Trademark and Copyright Registration- How to get them?
A person who wants to get his trademark registered can apply for registration in the Trademark office. After proper verification of the documents and making sure that no one else is using this trademark, the firm or an organization is granted that trademark. This is an indication of the fact that no one can use that trademark without prior permission from that firm. The trademark registration is valid for a time span of 10 years and then due for renewal. But, the important point to be kept in mind is that before filing an application for registration, conduct a proper search. This is done to make sure that your registration is not denied if the same trademark is being used by some other firm in the market.
On the other hand, the application for copyright registration is filed in the office of Registrar of Copyrights. It may take some months but it is a perfect way to save and protect your work from being stolen.
Both of these are the perfect ways to get your invention or business protected from any destructive activity. In case there is a copyright or trademark infringement, legal action can be taken against that person or organization.
November, 16, 2010
There exist several small business owners that seek Trademark Registration to ensure that no one else can profit on their name or logo. However, these small business owners are not well-acquainted with the process of Trademark Registration. To address this problem, the following procedure can be adopted by any business owner to register a trademark.
Understanding The Procedure
The primary step in Trademark Registration is to gain understanding of what it entails to "register a trademark." Firstly, you must file an application with the United States Patent and Trademark Office (www.uspto.gov), often called the USPTO. United States Patent and Trademark Office is the U.S. government office that is responsible for issuing federal trademarks. A trademark only achieves the status of being a registered trademark once it has been approved by the USPTO.
Search Of Unique Trademark
The next step comprises the search for a unique trademark that is not similar to any other trademark. Prior to finding trademark application with the USPTO, you should carry out a thorough trademark search in order to ensure that no one else has filed the same or similar trademark. This can be done by looking up the USPTO where you have the option to select and search in the "Search TM database."
When you get to the homepage, select "Trademarks" from the menu on the left hand side and then select "Search TM database." This can be further made feasible with the help of an experienced trademark attorney. One needs to be extremely cautious in the selection of a trademark that does not match with one that already exists.
Once it has been finalized that a trademark same or similar to yours does not exist, you can complete an application for your trademark online at the USPTO. On arriving at the homepage of the website, you need to select "Trademarks" from the menu and then select "File Online Forms." The next few steps include that you follow the detailed instructions provided on the electronic application.
But here again, even though the online trademark application form can be filled by oneself, there are several technical and legal requirements hidden in the application. Therefore, hiring an experienced trademark attorney can assist you in drafting the application properly. The filing fee for the trademark application is non-refundable. Again, if the application form is completed incorrectly, the trademark could be denied registration. In such a case, you stand to loose the non-refundable filing fee and also any priority on your trademark.
Track Submitted Application
Filing your application constitutes only the initial step in acquiring a trademark. The trademark application after submission has to be reviewed and approved by a U.S. government attorney. In case, the Trademark Examining Attorney has any questions or requires any clarifications on your trademark application, the attorney will issue an "Office Action" on your trademark application.
When an Office Action is issued, you will be given a time span of six months from the date of issuance to respond. In case, you fail to respond, your application will be taken as abandoned. Following this, you will have lost your filing fee and any priority established on the trademark. Therefore, it is very crucial to keep track of the application form after submission in the USPTO website every two months in order to ensure that you do not need to respond to any Office Actions.
Trademark Registration Granted
Approximately 8-12 months following the initial filing of your trademark application, after the U.S. Government endorses your trademark application, you will be the proud recipient of the trademark registration certificate. This trademark registration certificate will arrive in the mail from the United States Patent and Trademark Office and will include instructions on the requirements to keep your trademark registration active.
Therefore, though the U.S. trademark registration process can be accomplished by the common man, but the assistance of an experienced attorney makes the whole procedure of searching a unique trademark and applying easier.
November, 17, 2010
There are many firms and companies, operating in India, that are engaged in offering various types of company law and services. The services can be categorized as patent registration, international trademark registration, trademark classification in India, foreign company registration, new company registrations, copyright registration, PCT filling in India, brand registration, patent drafting services, brand protection, trademark infringement, trademark logo, trademark name infringement and much more.
It is therefore advisable to acquire all these types of services from a single company to fully benefit from all the regulations imposed by Company's Act of India. Trademark is associated with company's intellectual property protection program that takes care of registration of intellectual property, phrase word, design, logo or combination of these elements.
Diverse rules and methods in trademark registration are followed by different countries. In the same vein, India too follows its own procedure for trademark registration. In this, the first thing required is to describe your symbol, logo or mark and also state when it was first used earlier. It is followed by describing the services or products on which the mark, logo, symbol will be used and suggest the classification for goods or services under which the mark should be registered.
There are various classes under which trademark of particular company are classified. There are about 11 services and 34 products to classify trademark out of 45 types of classes.
Besides, trademark registration, there is another service named Patent Registration. This includes preventing and protecting the unauthorized use or importing of the services or products or process innovatively invented. This constitutes a kind of benefit or advantage provided to the inventor of the any new and useful product or services by the government.
Like Trademark Registration, even the methods or procedures of Patent Registration differ from country to country. In India, Patent Registration is usually registered for a specific period of time i.e. 20 years.
After Patent Registration, one more type of registration recommended by law firms to ensure smooth running of the business is Brand Registration. Brand Registration includes a particular brand that distinguishes your goods or services from other producer or manufacturer. Brand Registration comprises the registration of word or image or combination of both.
There are other brands that may be used in lieu of Brand Registration that are verbal registration, figurative brand, combined brand and three dimensional brands.
January, 27, 2011
Trademark can be referred as an identity to particular product that indicates the source. It can be anything as per the choice of the maker like a logo, symbol, words, phrase, image, device, or any other thing that is used by a business organization, legal entity, or an individual to distinguish its products from others. So, what is the role of Trademark Attorney? A Trademark Attorney is someone who specializes in dealing with trademark matters. As Trademark Law is quiet tricky that requires several principles to understand, a Trademark Attorney is must who is well versed with all the rules and regulations related to Trademark Laws.
There is a simple rule while creating a trademark that two is trademarks of different entities should be completely different. In case of similarity, it can hamper the image of a particular product or create confusion among customers. You require a Trademark Attorney to file application for a new trademark and to deal with infringement related to trademark as it is a legal offense.
Role Of Trademark Attorney:
- Trademark Attorney advises the entity on the selection of a Trademark as the new trademark has to select in such as manner that it should not violate the exclusive rights of another entity.
- Trademark Attorney will give individual attention to all trademark matters, giving a check for any omission or error while filing an application.
- The Trademark Attorney will communicate on your behalf with USPTO for trademark application procedures.
- In case, an entity believes that its trademark rights have been violated by some other company then a Trademark Attorney can assist you in sending a cease and desist letter.
- The Trademark Attorney will help you to take legal action against infringement and will help to register service mark.
- Trademark Attorney will help you to register a trade dress for your product that is completely unique.