Trademark Services
TRADEMARK
A Trademark as defined by the Indian Trademarks Act, 1999 is a “mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include a shape of goods, their packaging, and combination of colors.”
Trade – refers to Business and Mark – refers to Symbol. Trademarks are business symbols or business names expressed as symbols generally through a design or word expression or sign which specifically denotes or brings identity to the products or services of a particular entity from other competitors or other similar businesses. Such designs or signs or word expressions when protected through an intellectual property those intellectual properties are referred to as Trademarks or Trade Marks.
In some situations trademarks can also be viewed as copyrights. The way in which Trademarks differ from Copyrights is that, when we talk about Copyrights, the symbol / design / sign which is protected as an intellectual property itself becomes a trading commodity as printed or moulded stickers, emblems, photos, dolls etc., and the sale of such commodities shall earn revenues by the way. Eg., When the logo of Mercedes Benz or BMW or Ferrari (names stated only for the purpose of describing an example and there are no intentions to advertise or degrade or promote the names of the businesses in any manner) are printed without authorization as stickers or keychains or emblems and sold in the market, they come under infringement of the copyright, where the infringer has used the trademarked symbols of those entities to be sold as a commodity and have earned revenue through it; however, has not provided the same services or sold the product similar to those entities’ products in the market with their trademarked logo.
Trademarks shall be owned by individuals or entities and displayed in the products or packages of the entities or persons.
Unregistered Symbols or trademark applications under prosecution shall use (TM) and registered trademarks shall use (R) symbols above and at the end of the brand symbols so protected as intellectual properties.
CLASSIFICATION OF TRADEMARKS
1. WORD MARKS – It protects the words or letters or numerals. – Eg. Slogans – Philips – Innovation You.
2. DEVICE MARKS – When the trademark referred to is in a unique way of representing the word or letter or numerals.
3. SERVICE MARKS – Refers to services and not products. Trademarks of service businesses are known as service marks.
4. COLLECTIVE MARKS – Business symbols when depicts the word mark and the device mark together are known as collective marks.
5. CERTIFICATION MARKS – They refer to define standards of businesses and services.
6. WELL KNOWN MARKS – When a symbol of a business or service is well known by the public for its brand name even without a registered trademark, they are termed as well known marks.
7. UNCOVENTIONAL TRADEMARKS:
Business symbols that reach the public for its own distinctive features come under unconventional trademarks.
i. Sound Marks: Caller tune of apple.
ii. Colour Mark: When colour of the symbol or product is also taken into account to be protected that becomes a colour mark
iii. Smell Mark: Perfumes
iv. Shape Mark: Shape of a packaging of a product or the product itself is distinctive it becomes a shape mark
On the whole, when a business or the product or service of a business claims its right for being unique in nature in anyone of the or combination of the above aspects, they are protected under trademarks.
Trademark services of Inanse IP are through our expert trademark agents and attorneys in alliance across the world with years of expertise in handling and processing applications with the concerned Trademark offices.
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WHAT IS TRADEMARK REGISTRATION?
A trademark usually refers to the "brand" or "logo" Taglines, captions, business name etc. it is the visual image that is established by the owner of the business for merchandise or services of trade to significantly differentiate it from other similar goods or services originating from different other similar type of businesses.It is utilized by makers or service providers to spot their own merchandise and/or services from several others.
Trademark registration permits its owners to simply establish their right to the trademark in court and acquire royalties in case of potential infringements by other businesses for using the trademarked name or symbol for their products without due authenticity.
A trademark differs from a copyright in such a way where, in trademarks goods and services are sold through the intellectual property protected symbols and in copyrights the symbol or the creation itself is a tradable commodity and gets marketed.
Trademark services of Inanse IP are through our expert trademark agents and attorneys in alliance across the world with years of expertise in handling and processing applications with the concerned Trademark offices.