Benefit and Basic Principal of Trademark
Trade mark is any word design slogan sound or symbol that serves to identify the specific product brand.
Difference between trademarks and service Marks
Both are the categories of the Trademarks. Mark that identified goods or products that is called trademarks and the mark identify services that are called service marks. Moreover the Trade Mark Registry protects the two other types of Marks which are (1) Certification Marks (2) Collective Marks
Certification mars are only used for certification of those products and services which are manufactured by others in certain qualities with the marks. And a collective mark is a symbol label phrase or other distinguish mark which signifies membership in an organization or which identifies goods or services which are originate from the member organization. Before selecting and using the trade mark these rules can save you and your business from any kind of infringement and damages.
Rule for Choosing name
(1) Don’t use domain name of any existing business name otherwise you have to face infringement for using the same product or services and can be penalized dilution or cyber squatting.
(2) Never choose any name which will be same in sound meaning or appearance. Otherwise the Registrar of the Trade Mark will reject your application.
(3) Never choose the name which is the same as use nationally by any company. Otherwise that company will oppose your trade mark and therefore you will fail for the registration of the trademark.
(4) Choose the unique and difference name which must be not similar with any other name pending for registration before the Registrar of the Trade mark or has been registered.
(5) Never use or apply for registration of the that trade mark whose original owner is no longer in the business. Because it is possible that trade mark may have been assigned to another business.
(6) The best way for choosing your business name is first of all get search certificate from the Registrar of the Trade Mark which is submitted in Form TM-55 with requisite fee along with duplicate trademark.
Benefit of the Registration of Trade mark
(1) If you are the owner of the registered trade mark then no one is allowed to use your name and you can enjoy your business worth.
(2) If you are even small business man and you have good worth of your name then the larger business company cannot meet you and cannot use your name and cannot get benefit of your good worth by using your registered name.
(3) If any other business man want to use your trademark you can entered into agreement and get financial benefit.
(4) You have full right to take civil and criminal legal action against those who use your trade mark which is already registered in your name. You can file FIR as criminal case and as well as civil damages too.
(5) If you sue in the court for damages then you can get actual damages suffered by you as a result of infringement or amount of your profit earned while using your mark.
(6) You can also get punitive damages in the amount of three times the amount of the damages or profit.
(7) You can also get advocate fee which you have paid to him and as well the cost of the suit can be awarded.