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In the globalised business era and competitive business environment, Goodwill of a Company is reflected by the popularity of the trademarks owned by it. Trademarks & Service marks are intangible property of the Company. Like any other property. Trademarks, Service marks are also subject to risk of Theft, Trespass and Nuisance .So one has to be vigilant against these threats to avoid reputation, goodwill & monetary loss to Company business. Once a trademark application is filed, you are on your way to securing the exclusive use of your mark for your services or goods.
There are good number of instances where a reputed Company has lost its worth due to Trademark litigation e.g. Malikchand v Manikchand (Gutka case). Infosys Technologies may be a premier software company in the world, as far as IT services are concerned, but it could not hold a monopoly on trademark ‘Infosys’. A Kolkata-based Jupiter Infosys Ltd was using this name to sell computers, computer accessories and other items of hardware. Since Infosys was only registered as a service mark and not as a mark for goods, the Intellectual Property Appellate Board held that this was not a trademark infringement.
Why should you register your Trademark/Service mark & Design
1. Registration of a trademark entitles to the registered owner of the mark, exclusive right to use, sell & License the mark in relation to goods or services for which the trademark has been granted.
2. It identifies and distinguishes the source of the goods or services of the party from their competitors.
3. Registration of Trademark/Service mark is the only proof of its ownership.
4. Registration entitles you to grant licenses & franchises of your trademark & Use of Design.
5. These serve as a notice to the public of your ownership in the Mark & Design.
6. If a person uses a mark in connection with certain goods/ services in the course of trade, which is identical or deceptively similar to a registered trademark for similar goods/services, only registered owner can take legal action for infringement.
7. You may be the prior user of a Mark or Design but if not registered you can’t stop competitors from using your mark.
8. Trademark is an effective tool of advertising and promoting business.
Registering your ‘Brand’ & ‘Design’ through a Competent Intellectual Property Consultant is the need of the hour. Failing to do so could land you in unwanted legal hassle.
We provide one stop solution for protection of your Trademarks/Service marks and Design Registration including Patent filing, prosecution, and patentability assessment etc. We will work with you on your budget and time schedule to get your Trademark registered.
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