A. What is a Trademark?
Trademark is a name, word, symbol or devices used by manufacturers or service providers to distinguish their goods or services from others. Trademark is the brand name created to protect the good will of the business or services.
B. How to search for the availability of a Trademark?
First the class which the mark falls should be identified. Then a search must be conducted in the Trademark registry to check whether there is identical of phonetically similar mark applied or registered. If there are no such identical marks available, then you can proceed with the Trademark Application.
C. What is the necessity of protecting a Trademark?
Trademark is registered so that you can protect your mark from infringers who have fraudulent intention to take advantage of the goodwill you have hard earned. Trademark Registration provides exclusive right over your mark.
D. My Company Name is already registered under Companies Act. So, should I go for a Trademark registration?
Registration of Company Names, Domain names do not provide monopoly right or exclusive right in the name as Trademark Registration provides.
E. What does class mean in Trademark?
Trademark Act 1999 has classified goods and services into 45 different classes.
F. What is Infringement of Right?
If a person with a fraudulent intention uses the same or deceptively similar mark to rob the goodwill of your Trademark, then you can initiate an Infringement suit against that person. Infringement Right will protect your mark and will also claim the damages caused.
G. Validity period of the registered mark?
A registered Trademark is valid for a period of 10 years after which it can be renewed.
H. Can Trademark be assigned?
Yes, Trademark can be assigned through Assignment deed.
I. Can the application for registration of Trademark be filed by the Applicant himself or only through an Attorney?
The application for registration can be filed by a person himself. An attorney with the right knowledge could help you in a better manner. We at MyRights ensure that our clients get complete benefits of their Trademark.
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