Delhi IP

It is always better to protect a trademark in particular class. In case a company exists and doesn’t protect their name in particular business, the prior user of the mark in that class can object the company registering trademark in that particular class. For example, a company XYZ Pvt. Ltd. incorporated in 2000 and starts carrying out business of food items which falls any one of the classes amongst 29, 30, 31 and 32. Whereas, other person/company in 2005 get the name XYZ registered in all the classes 29, 30, 31 and 32. Later in 2010 on when the company XYZ Pvt. Ltd. want to get that trademark registered; it could not get the mark XYZ registered in all the classes, because it is already registered by someone else. Using prior user claim also, the company XYZ Pvt. Ltd. can only obtain registration in one class it has carried out business before the other proprietor. In other classes the trademark has been lost. We hope we answered all of your queries. Thanks & Regards, Delhi Intell...

Trademark Trademarks are governed by the Trademarks Act, 1999 ('Act') in India. The Act grants a registered trademark owner exclusive rights to use it and authorizes another entity to use it in return for a payment. A trademark is a word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. Therefore, a trademark protects brands, logos, and slogans. For example - Coca-Cola® for soft drinks. A trademark registration protects the trademark from being registered by others without permission and helps you prevent others from using a trademark that is similar to yours with related goods or services. Trademark helps in branding your products or services and enables your marketing. A trademark: Identifies the source of your goods or services. Provides legal protection for your brand. Helps you guard against counterfeiting and fraud. The protection of your tr...

The patent and trademark office provides freely searchable database; where a use can check whether a mark he/she is willing to register is already register by anyone else or not. For searching trademark in India; a user can use below URL https://tmrsearch.ipindia.gov.in/tmrpublicsearch/ Also, do not forget to keep relevant class while searching for trademark We hope we answered your question / query. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 / +91-9911860111 / +91-9540656111 Website:  www.delhiip.com Email:  info@delhiip.com  |  patent@delhiip.com  |  design@delhiip.com  |  trademark@delhiip.com  |  copyright@delhiip.com  |  litigation@delhiip.com

A trademark is a name/identifier by which a source (manufacturer, supplier or seller) of goods of services is identified. With time a trademark gets associated with the quality attributes of the goods or services provided under the mark; thus, make up an impression in the mind of customer or client regarding the trademark and quality associated thereto. Thus the purpose of trademark is to register a name/identifier which used to identify quality attributed of particular goods or services associated to it. Trademark do not protect any idea, product or process. Ideas can be protected by either Patent (if enabled into a product/process) or copyright (limited protection to business idea). We hope we have answered your question / query. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 / +91-9911860111 / +91-9540656111 Website:  www.delhiip.com Email:  info@delhiip.com  |  patent@delhiip.com  |  design@delhiip.com ...

The potential legal consequences for a company found guilty of trademark infringement can include: payment for damages, injunction to stop using the infringing product, legal cost for the owner to enforce their right, counterfeit goods or infringing materials may be subject to seizure and destruction under court order, criminal penalties in severe cases of trademark infringement, particularly involving counterfeiting or intentional deception, criminal penalties such as fines and imprisonment may apply under applicable laws and loss of reputation of the infringing company. Therefor it is crucial for the companies to conduct through trademark searches before adopting a new trademark to avoid infringing on existing trademark. When accused of infringement of trademark, seeking legal advise promptly is essential to mitigate potential consequences. We hope we answered your question / query. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 / +91-991...

A trademark is a name/identifier by which a source (manufacturer, supplier or seller) of goods of services is identified. With time a trademark gets associated with the quality attributes of the goods or services provided under the mark; thus, make up an impression in the mind of customer or client regarding the trademark and quality associated thereto. Thus the purpose of trademark is to register a name/identifier which used to identify quality attributed of particular goods or services associated to it. Trademark help the customer/client to identify seller of goods and services through such name/identifier with reference to the quality attribute of the goods or services. Therefore, trademark registration provides a mean to distinguish goods or services of one proprietor from other in terms of its identity which is directly linked to its name/identifier/trademark. Therefore, it is not mandatory but suggested to get trademark registration for every kind of business so the proprietor ca...