What is a trademark? How is it useful?
A trademark is a distinctive sign consisting of words, letters, numerals, drawings and symbols or a combination thereof which identifies certain goods or services as those produced or provided by a specific person or business. This helps consumers identify and purchase a product or service based on its nature and quality, indicated by its distinctive trademark.
The Trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of is for 10 years which can be can be renewed indefinitely beyond the time limit on payment of additional fees.
Why should a business go for trademark registration?
Trademarks are used to give a business stronger enforceable right to prevent others from using the trademark in connection with the goods or services for which it is registered. It provides for the basic evidence of ownership of the trademark.
A trademark is an important asset for a business and adds to the goodwill earned in the eyes of the public. It helps to promote initiative and business worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also acts as a shield against unfair competitors, such as counterfeiters, that use similar distinctive signs to market inferior or similar products or services. In the year 2013-2014 over 2 Lakhs trademarks have been filed in the Indian Trademark Registry.
What are various things to keep in mind for trademark infringement?
How to analyze in detail if a trademark infringement has developed the required likelihood of confusion the following points may be kept in mind:
1. Similarity in the overall impression created by the two marks.
2. Similarities of the goods and services involved.
3. Strength of the plaintiff’s mark.
4. Any evidence of actual confusion by consumers.
5. Intent of the defendant in adopting its mark.
6. Physical proximity of the goods in the retail marketplace.
7. A degree of care likely to be exercised by the consumer.
8. Likelihood of expansion of the product lines.
Why BananaIP Counsels?
• BananaIP Counsels houses a team of highly experienced trademark attorneys who provide value added trademark services to help clients maximize business value from their trademarks.
• From trademark clearance searching, to trademark protection, and brand management, our team offers a very wide range of trademark services.
• Having helped clients acquire thousands of trademark registrations in India, USA, Europe and across the world, our attorneys are well versed in trademark processes.
• Our experience of handling trademark compliance audits, and licensing/franchising transactions enables us to offer unique, value added services to our clients.
• BananaIP was the first firm in India to file Madrid applications after India’s implementation of the protocol;
• On time delivery is one of the core values of BananaIP’s trademark team and many clients in India, USA, Europe and other countries prefer BananaIP for the said reason;
• BananaIP has well established international reach and partnerships to help clients file and prosecute applications in more than hundred countries;
• The firm’s efficient proprietary project and portfolio management tools enable it to track, manage and deliver projects in an organized and timely manner;
• BananaIP has its presence in all major cities such as Mumbai, New Delhi, Chennai, Pune, Bangalore and Hyderabad;
• The firm has the credit of helping companies build and manage trademark portfolios, which not only provide business and competitive advantage, but also assume high financial value.
• BananaIP, has filed and managed more than fourteen thousand (14, 000) trademark applications across the world including India, USA, Europe, etc;