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How To Essentials You Need to Follow Up for Trademark Registration
A sign or design which labels the product and service of a business or organization is called a trademark. The design or trademark is usually found on the package or covering of the product. A trademark or TM can also be a word, symbol, phrase and model or pattern. Trademark gives exclusivity and distinctiveness to the particular company or organization which owns its. It can be said that trademark is also the identity of the product and service.
For example Nike has the tick sign and the word swoosh as its trademark which makes it stand apart from other brands such as Puma and Reebok.
Another example is Mc Donald's golden arc which forms the M is associated with the fastfood’s product packaging, hamburgers and architecture.
Companies have to undergo trademark registration. Businesses and companies should also be aware about the trademark laws as it is governed by both the federal and state law. The India trademark registration is done by the Controller General of Patents Designs and Trademark which falls under the Department of Industrial Policy and Promotions of the Ministry of Commerce and Industry. The ministry also offers brand registration as well as design registration.
Designs fall under the category of patent. Design is the appearance of the product and is protected by design protection. When apply for design registration, the applicant should attach images, submit information in regards to color, pattern and secrecy if applicable. The applicant must also detail his name, address and contact in the form as well as attach the relevant documents such as power of attorney. He or she must check to see that nothing has been missed otherwise the registration would be incomplete.
There is also international protection for the design such as there is the community design whereby the person can protect their design throughout EU via one application and there is also the international registration system. It has been stated by the Ministry of Commerce and Industry that trademarks serve as safeguard of trade mark for products and services.
These are also said to be the invaluable business asset. There is online trademark filling which is done through the electronic application system. This is now prevalent in most of the countries which makes registration and the process easier.
There are also some legal consultant companies and associates which look into the registration of trademarks, brands and designs as well as copyright. Some companies have websites on the internet which specialize in creating designs and trademarks for businesses and products. The advantages of trademark, brand and design registration is that it creates a legal conjecture of ownership; they acquire the rights of it; no one else has the right to use it; reaches out to everyone; companies can use it for franchising in the near future if they want to and they can take other to court if their trademark of brand is used by someone else and most of all it increases the value of the company. Moreover, registration safeguard’s the company's or businesses intellectual property as well.
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