A Trademark is a recognizable sign, design or expression which distinguishes the products or services of a particular brand from others. It is used to identify the owner of the business and establishes the reputation of the business in the market. The trademark owner can be proprietorship, partnership, LLP or Company.
Rights of Trademark Owners
The rights of the Trademark Owners are as follows:-
- The holder of a Trademark can prevent any Third party from using an identical or deceptively facsimile trademark. If anybody does, then the proceedings under the common law can be initiated. The claimant may obtain either damages or an account of profits.
- The holder of the Trademark can exclusively use the Trademark to be printed on the products and other things being manufactured by them.
Tenure of Trademark
In India, the term of the protection for a Trademark is 10 years from the date of application, renewable every 10 years on payment of the requisite fee.
Benefits of Trademark
Documents required for registering a Trademark
PAN card and AADHAR card of the Applicant
In case of Corporate entity, Certificate of Incorporation is required for Identity proof.
Brand name and logo to be applied
User affidavit in case of specific user date
MSME registration certificate
Signed TM 48 in case the application is to be filed by the legal attorney