Trademarks

Trademarks is a sign or a symbol used by one businessman to distinguish their goods and services from other. It is commonly used by various entrepreneurs in today’s market. An individual, business or legal entity can be an owner of the trademark. We can see many businesses using their trademarks or the packaging of the product or on the product itself. It provides you with the protection against your goods brand or mark from other people using it. The person owning the trademark can pursue legal action against any person for using his trademark.

Type of trademarks

  1. Service Trademark- Service trademarks are those marks which are related with the business services. It was formed to protect the service industry for their marks. Service providers like hotels, retail outlet, beauty care, health, transport, courier, banking etc can now give protection to their names or marks. This trademark is not applicable for goods.
  2. Collective Trademark- Collective trademark are those trademark which are taken collectively by a group of people. Different companies using the marks can get protection collectively. It is used by various companies to tell the public about various features of the product for which this kind of mark is taken.
  3. Certification Trademark- Certification trademarks are those trademarks which defines standard of a particular product. This mark ensures the consumer that the product have gone through the test and passed it ensuring a good quality of the product. Electronics have such kind of marking ensuring goods standard of the product.
  4. Unconditional Trademark- Unconditional trademark are those trademarks which are distinctive from other marks. Recognition is given because of its distinctive feature. It has been categorized into following:
  5. Sound trademark- When sound becomes a unique distinctive feature then sound trademark can be obtained. For example musical notes or guitar are in the category of exclusive sounds.
  6. Colour trademark- When colour of the product becomes a distinctive feature of a particular trader. For example red wine is a distinctive colour feature of its trader.
  7. Smell trademark- When smell of the product becomes a distinctive feature of a product and a trader. For example various perfumes and deodorants have smell trademark.

Selecting trademarks

Yes, selecting a trademark is a very important decision for every company, few ways of seleting a good trademark as follows:

  • Trademark should be clear, easy to spell and to remember. Short and  clear words has a long lasting impression.
  • Invent your own words and do not copy  from others.
  • Avoid having a trademark on geographical names as no individual can have a monopoly on it.
  • Consumers are here to admire your product, So stop using self-admiring words such as awesome, perfect etc.

Benefits of Trademark Registration

You are planning or have registered your tradmark, this will give you a great advantages. The owner enjoys exclusive rights for the product. They can use the trademark symbol with each product. The owner receives nationwide ownership of the mark or the logo. It decreases the chances of another party claiming that your trademark infringes upon their trademark. If a company has registered a trademark then it’s like an official notice to every other company for not using the same.

Remedies of trademark owner

Getting a trademark registered gives huge benefits as well as remedies to its owner. Some of them are mentioned below:

  1. The owner of the trademark becomes a valid and exclusive owner of this mark.
  2. Trademark owner has a right to sue any person using its mark or logo in the federal court.
  3. Registering a trademark gives complete right to its owner to claim triple amount of money with the fees of the lawyer from an infringer.
  4. A trademark which is not registered cannot be infringed. These remedies are only applicable in the case of registered trademarks.
  5. A criminal complaint can also be filed by the owner of the trademark in case of infringement under the provisions of the act of 1999 which states that the offences are cognizable.

Type of trademarks available for adoption

  1. Any letter, number or symbol or its combination;
  2. Sound marks;
  3. Any fancy symbol or word;
  4. Any name of the person, its surname can also be used;
  5. Three-dimensional signs or symbols;
  6. Monograms can be adopted for the trademark;
  7. Any name which is not telling about the feature of the product but is innovative for example apple;
  8. Different colors and symbols can also be used.

For more information about Trademarks and it’s registration, contact us at www.legalraasta.com.