To be honest, the law does not mandate for a trademark registration. But the registered trademark enjoys several benefits from the law and government. Trademark registration allows the trademark owner to file legal suits in case of violation of the rights provided to him due to registration. The trademark registration process carried out in a number of steps. Initiating with a trademark search, then the registrar of the trademark is sought for the legitimate advice so that there has been no breach in law while making the choice of the trademark. Then an application is filed after which there occurs a verification examination. Further steps of publication, opposition and trademark registration is carried out.
In cases of trademark law infringement, trademark litigation is carried out. The infringement can be caused by the breach of any of the legal aspects mentioned in the act. But the matter stretches out to form litigation in cases where the violator does not settle the case outside the court due to several reasons. If the violator is found numb towards the cease and desist letter or any of the settlement talks the owner has the right to bring the case to the court. The infringement in the law of trademark can be caused by several obvious and obscure reasons.
The cases of trademark law violation normally come under the civil actions and therefore are tried to be settled mostly outside the edifice of a court. All the trademark litigations are carried out by the trademark attorney. A trademark attorney is a solicitor who specializes in trademark laws and rules and hence has the special prowess in the regard.
Trademark owner never likes to solicit his case inside a court room. The reason for this is the affect of chaos caused by the whole solicitation process to their business. Therefore he always seeks a trademark attorney to be very well equipped in the matter of trademarks, who can settle out cases outside. The more the attorney has experience, the more he keeps in demand. A trademark attorney has the prowess for a different genre of solicitation. Such a trade is less prominent in general and even the litigation world and so people keep less aware about it. A trademark attorney with proper amount of experience and acumen has the power to solicit almost all the cases beyond the borders of a courtroom.
The trademark classification is done under 45 classes in the fourth schedule of the trademark act. All the goods and services available in India are listed under the classes. Apart from the overall 45 classes the items and services are divided further into a number of sub and sub-sub classes. Also a good or service classified under one category is explicitly debarred from using a trademark which a good or service of same category has already used. However, the same trademark can be exclusively used for a good or service listed in another category of the classes. In case of an absolutely new line of good or service, a trademark registrar enjoys the power to act upon his discretion and decide the class of the given product or service.