Concepts of Trademark Registration in Cochin
Concepts of Trademark Registration in India
When an outsider sees the business, the first thing they notice is its trademark. A trademark is the identity of a business. It is the name and symbol of a business undertaking its trade and commerce, which represents the company and under whose auspices its business is conducted. It uniquely identifies an individual or organization.In India, trademarks are governed by the Trademarks Act, 1999. The law aims to provide better protection against registration and trademarks while preventing the use of fraudulent markings. Concepts of Trademark Registration in Cochin is what we are going to be discussed in this blog and required documents.
The trademark series or family of marks consists of a string of marks intended to have a unique distinctive substance function as a point of identification for the relevant people. In this method, a high level of protection can be obtained by entering certain mark elements all in a single application and using multiple marks that have one common element, thereby gaining exclusive ownership over them and distinguishing them by prior use.
An employer may make good use of a single trademark registration on a wide variety of goods or services and add an additional mark, name or number to indicate the species, without compromising on the quality assurance that the trademark must provide for each. If there is no such product. The trademark law prohibits everyone from using the mark that bears the surname for similar goods or services when promoting his trademark family, even if the mark is not fraudulent with any particular member of the trade, the mark family.
The concept of a trademark series or family of marks
With regard to the existence of serial marks, it is a question of the uniqueness of the general determining component, the fact that it is established on promotion, advertising, family use and inclusion in other marks of the set or their use in daily sales activities in fashion. , General publicity and identifying general ownership established on a topic common to each mark. The paramount requirement is that their identity is not significantly affected by the differences between the marks.
The constitutional characteristics of all members of a trademark registration family are that they share a word, letter, prefix, suffix, or other attribute that identifies everyone as a member of that family. Consumer awareness of the trademark as a range lies in the oscillation of family symbols by the public, for which the universal substance of the marks by the question of use has a key distinctiveness as a key indicator of a product. The line, in the eyes of the target society of the people and the general part of these marks were identified by the concerned people as derived from a liability. Such recognition can only be achieved by the public by submitting evidence that a family of trademark registration has been used.
Concept of strong trademarks
A unique trademark registration is considered a strong trademark. The best trademarks are genuine, unique, unexpected and simple. Nike’s Swush’s unique shape and made word “Kodak” are examples of strong trademarks. Using an unexpected hint for your trademark may extend the jurisdiction of your legal trademark in your industry. For example, the Apple Fruit trademark is an unexpected backbone to computer and technology products. Since the trademark concept is unexpectedly unpredictable and diverse, trademark law does not allow a competitor to use a trademark that is remotely close to Apple. The stronger the trademark registration, the more legal protection it has.
New concepts in Trademark
Cybersquatting refers to the extortionate conduct of the registrant, whose domain name represents the trade name, of someone else which one has registered, as his/her domain name, with the sole purpose to sell or offer to the real owner of the trademark registration. Cybersquatting is also referred as cyber pirates. There is no legislation in the dealing of the cybersquatting. Cybersquatting issues are now directly dealt with Consolidation Appropriation Act of 2000 which prevents the use of creating mischief by registering the trademark registration.
Reverse domain name hijacking, is done to deprive the registered domain name, holder of hi/her domain name. This does not involve bad faith.
Web contains many information in various sites. Each website can be accessed in several different ways. A user has to type the domain name, to get the proper details according to his wish. But if the user does not know the domain name, then the user has to type the keyword relevant to the information search. Every search engines has the program called spiders or the crawlers that collect the website addresses and index them. Hence if the keyword found in website Metatags then the site will be usually rated high.
Generally the search engine derive the revenue by selling the advertising rights, to specific search terms, under the arrangement called ‘keyword buys’. The advertising takes place generally in forms of the graphic images or small banners, which moves across the website horizontally. The advertising rights to the keyword banners are sold to them freely.
Hyperlinks have transformed into World Wide Web which is in the real time use. In Germany, the website’s owner is responsible for the other websites, where the linked websites offend laws of Germany even if they are linked outside the country Germany.
Benefits of trademark registration
The fact that your trademark is registered is the first proof of your ownership of the trademark and allows you to use remedies under the Trademark Act to prevent others from using your trademark registration.
After you register your trademark, you can place a ® next to your trademark to prevent others from using the same or similar trademark. Furthermore, your trademark will be available for public inspection in the Register to prevent others from registering the same or similar trademark for the same or similar goods and services.
The registered trademark prevents others from using the trademark registration without the permission. If you do not register the trademark, you will have to rely on simple legal measures that are difficult and expensive to enforce.
Having a registered trademark makes it very easy to take legal action against those who use the trademark without the permission.
The registered trademark becomes the property, which can be sold or licensed to others.