A Trademark is a sign that’s used to distinguish the goods & services of one party from those of others. A Trademark can be even a letter, number, word, logo, graphic, shape, smell, phrase, sound or combination of these things.
There are the benefits of trademark registration in India.
Few of them are- A Trademark helps the clients to identify & purchase a good or service because of its nature & quality, indicated by its sole Trademark, to meet their needs. By registering a Trademark, the possessor of the Trademark protects the goodwill of the business. Therefore, the Trademark contributes to the profitable value of the goods or services to which it is applied, & increases the marketability.
The registered owner of a Trademark receives the presumptive right of the Trademark owner to use the Trademark & can point to it by using the Trademark symbol or in relation of those goods & services for which the owner has registered the Trademark.
The registered Trademark owner can hence stop the other traders from using his Trademark unlawfully. The registered owner of a Trademark can sue other traders for recovery of profits, damages & costs in case of Trademark infringement. Trademark provides the guarantee for the unchanged quality & helps in creating & advertising the goods & services in public.
India trademark litigation involves dispute which are over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed.
Unfair competition claims, are often asserted together with the trademark claims, can be made when a defendant product is as likely to confuse the public in India as to the affiliation between goods, services or companies. It can include false advertising.
Trademark litigation in In india involves in a dispute over whether one party has encroached on the others trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration of a product line has been infringed.
Sometimes, unfair competition claims asserted together with trademark claims, can be made when a defendant product is likely to confuse the public in India as to the affiliation between goods, services or companies.
trademark infringement is a violation of exclusive rights attaching to a trademark without the authorization of the trademark owner or any of licensees.
Infringement may occur when party, the “infringer”, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical to the products which the registration covers. An owner of a trademark commence legal proceedings against a party which infringes its registration.
trademark protection given to logos, names, & other marketing devices, which are distinctive. These distinctive trademarks from time to time referred to as “strong” trademarks known as “intrinsically distinctive” marks. Trademarks known to the public from end their use over time. Trademarks that describe some feature goods usually considered to be weak & unpredictable under trademark law.
Trademarks protection helps maintaining trademark rights defending & hence asserting against trademark claims & business issue in trademark rights. Trademark is protected on basis of either registration or use. Products are capable of infringement, can be protected by trademark protection.
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