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TRADEMARK

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999.

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called services marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks are also being displayed on company buildings.

ADVANTAGES OF TRADEMARK:

  • A trademark identifies the brand owner of a particular product or service.
  • The owner of a trademark may pursue legal action against trademark infringement.
 

DOCUMENTS REQUIRED FOR TRADEMARK:

  • Full Name and address of Applicant.
  • Specification of goods or services specified in terms of individual name.
  • Class, International Class of goods and services.
  • Mark Character, device, figure, logo and/or color.

COMPARISION BETWEEN DIFFERENT IP RIGHT

TRADEMARK
Applicable in Logo, Slogan, Word, Phrase
Business owners can apply
Infinite validity but renewal required in every 10 years
Ownership without registration, but right are limited
COPYRIGHT
Applicable in Work of art, Photo, Graphic Design, Drawing, Software code, Music, Movies, Sound recording, Books, Manuscripts
Artists & creative professional can apply
Lifetime of author plus 60 years
Ownership without registration, but right are limited
PROVISIONAL PATENT
Applicable in Invention & Idea
Inventor & designers can apply
Validity of 1 years
No ownership
PERMANENT PATENT
Applicable in Invention & Idea
Inventor & designers can apply
Validity of 20 years
No ownership

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