TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs is used in the course of trade, which identifies and distinguishes the source of the goods or services of one enterprise from those of others. A SERVICE MARK is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.
Trademark is a major asset of any company. Hence 'trademarks’ is to be protected and administered by getting registration under the Trade Mark laws of the country for the goods and / or the services of user.
The trade mark owner or bonafide user can also initiate legal action against the infringes by filing civil suits or criminal complaint against the infringes and dishonest traders.
The Indian law of trademarks is enshrined in the Trade Marks Act, 1999. The Act seeks to provide for the registration of trademarks relating to goods and services in India. The rights granted under the Act, are operative in the whole of India.
The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered.
The term of a trademark registration is for a period of ten years. The renewal is possible for further period of 10 years each. Unlike patents, copyrights or industrial design, trademark rights can last indefinitely if the owner continues to use the mark. However, if a registered trademark is not renewed, it is liable to be removed from the register.
Trademarks are now recognized as a “movable property” under the Indian law and can be therefore assigned/ licensed. A trademark can be assigned with or without the goodwill attached to it.
Our services in trademark matters (trademark, service mark, and collective mark) include as follows :
Filing application and obtaining registration of the marks in the Indian Trademark Office.
Recording the change of name/address.
Recording the assignment of rights.
Handling cancellation actions.
Filing hearing, opposition, rebuttal, appeal.
Filing license agreement.
Providing opinion on trademark validity and infringement.
Enforcing trademark rights against infringement.
Defending clients against infringement charges by others, as well as representing clients in disputes resolution through either legal proceedings or negotiations.
Drafting and preparing LICENSED USER, FRANCHISEE Agreement.
Trade secret points towards a formula, pattern, any instrument, design which is kept confidential and through which any business or trade can edge over its rival and can enjoy economic gain. Trade secrets can be anything from a chemical compound, manufacturing process, design or preserving materials or even a list of consumers or clients. It is also known as "confidential information" or "classified information". To be safeguarded under trade secrets, the matter should be 'secret'. Though the definition of trade secret is variable as per the jurisdiction but there are following elements that are found to be same -
- Is not known by the public.
- Provides some financial sort of gain to its holder.
- Involves reasonable efforts from the holder side for maintaining secrecy.
- Importance of data or information to him or for his rivals.
- The ease by which information could be learned or duplicated by others.
Any enterprise or an organization can safeguard its confidential data or information by entering into non disclosure agreement with its employees. Such law of protecting confidential matters offers monopoly in respect of any secret data and information. Trade secrets offer protection for an indefinite time period. Unlike patent it does not expire.