Planning To do Trademark Registration?This Is For You!

Planning to file do trademark registration but would like to know more about it before taking the plunge? Here are a few pointers.

  • An entrepreneur might decide on a trademark that is catchy and best represents his business/goods/services. Unfortunately what needs to be kept in mind from the legal perspective is that the mark would easily overcome hurdles and acquire registration if it shows no connection with the business/goods/services, even better, if it is a coined mark.
  • The trademark registration process does not end with filing the application, but marks the beginning of the various stages leading to the final stage of registration.
  • It is not necessary that a trademark should already have been “used” in connection with a business when applying for registration. A mark can be applied on a ‘proposed to be used’ basis. Having said this, it is also important to note that it is imperative to use the mark in the future, as a registered mark could be cancelled for non-use under certain circumstances.
  • A trademark registration remains valid for ten years after which it requires to be renewed every ten years to retain it.
  • Last but not the least, Trademark and Copyright are two different concepts(intellectual properties, to be precise)governed by two different laws, namely the Trademark Act 1999 and the Copyright Act, 1957. When a mark is used in relation to a business/goods/service, it is prudent to get the same registered under the Trademarks Act, 1999.

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[…] my previous article which could be found here, one of the important pointers I had mentioned was about “use” of the mark. Considering that […]

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