Trade Mark Definition and Need for it’s Registration
Trade Mark represents a Mark or a sign or a symbol or a phrase that distinguishes it from others. Trademark is helpful for identification of one’s business with the others. Trademarks are important for the business as due to its continuous use it overtakes the real name of the business itself and gets known by the trademark only. In view of this the Trademark registration becomes unavoidable.
Registration of Trademark
Trademark registration ensures that no other person can use the mark or sign or phrase as the case may be and sell his products by misleading the customers. Trademark registration has the following advantages
• It serves as the public notice that the trademark belongs to you
• It gives you a right to sue other for misuse of the trademark without valid license
• Registered Trademark is a symbol of good business practices
• Registered Trademark carries certain goodwill when it gets popular hence serves as an asset
For Registration of the Trademark and application has to be made to the Registrar of Trademarks in the prescribed form with prescribed fees. On receipt of application registrar will call for objections and on receipt of any objection registration would call for evidences from the applicant.
Once registrar is satisfied that the objections does not stand good or there are no objections he would register the same. Once the application is submitted to the registrar and till the registration is received, the use of symbol “TM” is permitted and once the registration is granted the symbol “R” need to be used.
Once the Registrar receives the application he would verify that the Trademark applied for complies with the requirements such as it is not similar to some registered trademark or it is not against the public policy or morality or any other reason for rejecting the same.
Every Design or Symbol or the trade name or a phrase would require a registration separately in case the use is to be done separately. Trademark plays a vital role as many of the big brands are established separately with the name of brand and in case it is not registered some competitor can get it registered and as per the rule registered trademark has priority then unregistered one. A registered trademark is like and asset and it can be assigned or transferred with consideration – Loan Companies Near Me.