A trademark registration gives its owner exclusive rights over the usage of the registered trademark in a particular territory. A registration is a prima facie proof of the registrant’s ownership and help courts make a presumption regarding the trademark’s validity in case of a dispute.
Trademark registration not only prohibits unauthorized usage of mark, but also acts as a bar for others to own exclusivity rights over confusingly similar marks. A trademark registration can be renewed every ten years by payment of the required government fee. A registration also enables its owner to earn royalties through assignment and licensing the trademark rights. A successful trademark registration vests you with the right to use the ® symbol.
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The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can’t register the word ‘car’ for a car brand, but may do so for a brand of electronics.
You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name. If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.
If your brand name has already been registered, but under a different class, you’re still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
It depends entirely on the government’s judgement. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
Any expression of your brand that distinguishes it from all other brands can be trademarked. This, therefore, includes your brand name, logo or slogan. New brands need only bother themselves with these three types, though more successful brands, that have much more to protect, trademark much else. Levis, for example, has trademarked the position of its red label on all its jeans. Cadbury’s fought hard to maintain exclusive rights to use the colour purple on packaging for chocolate, but ultimately lost the dispute with Nestle. Young start-ups, however, tend only to trademark a word or logo or else register a logo composite mark (when text is included within the logo).
Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance. A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.
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If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential.
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.
You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.
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Our team comprises of a group of skilled and young professionals who are capable of handling several tasks in an impeccable manner. Our young team of professionals specializes in the discipline of Intellectual Property Rights and has been delivering time bound results without compromising with the quality of the work. Our ambitions are driven by the idea of success which we believe rests in our client’s level of satisfaction with our work
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I’ve utilized Lex Protector’s services for US trademarks/EU Trademarks/UK Trademarks, US Design Patents, and other similar projects. They do a great job at an affordable rate. I’ll definitely be using them again.
Co-Founder, Star Pack Products, Australia
Great team ! Great cooperation. The notable thing is that what they commit they will deliver . I had a great difficulty with other TRADEMARK people and ultimately I found them and the Lex protector Bangalore team , especially shilpa’s coordination is commendable. All the best team and its founder Aurobindo Pandey for future successes n milestones .
Co-Founder, Star Pack Products, Australia
I would highly recommend any person or company seeking patent protection to use this firm. The communication is incredible; they provide clear direction on what is required and what has transpired. They are genuinely concerned about the outcome and will work tirelessly as part of your team to strive for a successful outcome. Our patent was granted yesterday and it could not have happened without LexProtector. 100% satisfied. Now we have entrusted them to a second patent review, and will have more to follow.
Co-Founder, Star Pack Products, Australia
They accomplished all I needed and were incredibly helpful and responsive. If someone wishes to register a trademark similar to mine, please use Lex Protector. You’ll not regret it.
Co-Founder, Star Pack Products, Australia
I have worked with this firm to file account for their United Kindom entity at Companies House and HMRC. Good to work with and cooperative and a service provider of Tradeamark, Patents, Design registration services in UK and many countries around the work.
Co-Founder, Star Pack Products, Australia
My experience with Lex Protector was very good. I tasked them with a prior art search and they delivered a high quality report very fast. I will use their services again.
Co-Founder, Star Pack Products, Australia
With your help, progress has been accelerated.
Also I would definitely recommend this place to anyone else who needs an expert in this field.
Thanks again, always be happy!
Co-Founder, Star Pack Products, Australia
We have successfully been granted multiple patents and trademarks, thanks to Lex Protector! They are exceptional IP attorneys who are “worth their weight in gold”… and there is simply not enough stars to reflect the value they provide!
Co-Founder, Star Pack Products, Australia
Team is highly efficient.
Things went very smooth in getting our trademarks registered.
Lex Protector is my go to company for all my trademark related legal querries not only for India but even for USA, Australia and other major countries.
Co-Founder, Star Pack Products, Australia
The experience with Lex Protector was fantastic.
They accomplished all 3 trademarks I needed and were incredibly helpful and responsive and the work was dine very good time frame (not waited long). If someone wishes to register a trademark similar to mine, please use Lex Protector.
Co-Founder, Star Pack Products, Australia
Amazing experience. Very professional and resourceful . I have used them for all my trademarks in several countries namely: USA, Mexico, Canada, Japan, Australia and China. They have helped me several times in solving IP issues for my listings on amazon. Always available for quick questions over skype, anything they are not sure about they will be 100% transparent which is extremely important in Trademarks and IP.
Co-Founder, Star Pack Products, Australia
I have been taking service from Lex Protector since few years now. Excellent advice on trademark area I.e. registration, maintain, advice. We have also received best advice and work on legal policy drafts, legal letters etc. I highly recommend them specially to Mr. Siddharth who is prompt in replying. Much appreciate.
Co-Founder, Star Pack Products, Australia
I have been using Lex Protector now for around 4 years to do all of my Patent filing and registrations and Trademark registrations in various countries. They have always been very thorough, professional and timely to deal with. They have always came through for me. I highly recommend that you use Lex Protector for any of your legal work you need completing, they will not let you down! 5 stars!
Co-Founder, Star Pack Products, Australia
My Experience With LEX PROTECTOR Was Very Good. I Contacted Siddharth Mathur Sir For My Company’s Trademark Related Work. He Solved All my query and douts very Promptly and Precisely.
Co-Founder, Star Pack Products, Australia
Processing is good with a lot of experience and quick communication. I will contact you again if there is anything else.
Co-Founder, Star Pack Products, Australia
Professional, great communicators, great results. Would not hesitate to use firm’s services for trademark registration again. Thanks!
Founder Star Pack, Australia
Great work as always for Trademark Search from Lex Protector.
MD Gold Tiger Holdings, FL, USA
Lex Protector helped us file several trademarks and copyright. They were easy to reach, always available and were quick to understand the legal requirements of our business. Recommended!
CEO VitaminBestBuy, NY, USA
Hired them for Patent filing and Trade Mark. They were great to work with. Will be using them again.
CEO, Scilent Action, USA
I was very happy with their work, they successfully had links removed under the DMCA Takedown processes on several websites, it was very cost effective and stress free way to protect our brand.
CMO, IXLD Media Inc, Canada
Lex Protector made this very easy for me, they took care of everything in a very professional way. Top notch service!
Director, QB Media, Uruguay
Not the first time we have worked with LexProtector and we continue to be very satisfied with the quality of work and support. Knowledge on international law is exceptional, this vendor keeps on top of us to ensure they are able to deliver within set deadlines and expectations, will continue to work with.
Operations Manager, Morgan McKinley, UAE
Lex Protector have experienced and professional attorneys. I was privileged to work with them on some items and will certainly work with Aurobinda in the future. I have met with him in person when in India and found him to be just as professional in person as he is thru Emails.
President and CEO, DJAB Networks, USA
Professional, great communicators, great results. Would not hesitate to use Lex Protector’s Services again. Thanks!
Co-Founder, Star Pack Products, Australia
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