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Trademark Assignment

TRADEMARKS & COPYRIGHTS

What is a trade mark?

In simple terms, trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.

Different types of trademark:

  • A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
  • A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
  • alphanumeric or Letters or numerals or any combination thereof.
  • Image, symbol, monograms, 3 dimensional shapes, letters etc.
  • Sound marks in audio format

Functions of a trade mark are: 

  • It identifies the service or product and its source
  • It guarantees its quality
  • helps in Advertisement of service or product

Documents required for filing a Trade Mark Application in India

  • Trademark or logo copy/li>
  • Applicant details like name, address and nationality and for company: the state of incorporation/li>
  • Goods or services to register/li>
  • Date of first use of the trademark in India, if used by you prior to applying./li>
  • Power of attorney to be signed by the applicant.

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