Impotance of Trademark Registration and Litigation

By: goyalchaman | Posted: 28th June 2011

Trademark is a type of sign or symbol which is used by a company or an individual to identify that the products or services offered to customers come from a unique source and are of good quality. Trademark having various symbols like TM, SM, is used to promote the brands of a company or a service offered by an individual or legal entity. The law of a country considers that the trademark is a type of property. Proprietary rights concerned with a trademark are set up through trademark registration from a trademark registry office in an area of jurisdiction.

Every country has an organization which is responsible to maintain the database for registered trademarks. This database is open to general public for trademark search. Trademark is controlled by the organization. Getting a trademark search and believing on search result of a view issued by the law may insulate a user of trademark and required to pay the damages done. The registered company has rights to take legal actions against other organization or individual if the other organization or individual copy the trademark or products. Trademark search is also a type of service offered by organizations to search trademarks.

Trademark litigation is a type of case which is fought between two organizations over trademark, trademark sign, and trademark rights. Trademark litigation occurs due to false advertisement, wrong competition in the market. Trademark litigation involves matters like packaging of products or configration. Trademark litigation thinks about the status, set of rules, regulation & decisional law over unfair competition, tradenames, issues affecting the identity of a company, and many others which affect trademark.

Company registration is recommended for all types of companies. Every country has its own rule & regulations for forming a company and for company registration. In India, company registration is done which is based on company’s act 1956. You have to submit the required documents & fees for your company registration. You can consult various organizations including Tm-India for company registration in India.

Trademark registration in India is controlled by Trademark Registration Act 1999 and Indian Trademark Rules 2002. Trademark registration in India guards the unauthorised use of trademarks which is registered. The propieter of an organization has right to take legal actions to protect the trademark. Various people are attracted towards the benefits of Trademark registration in India. Trademark registration in India is to create good will, promote brand name, business name & logo and keep the trademark from being unauthorised used. Trademark registration help a lot to an individual or organization.



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Tags: search result, damages, jurisdiction, legal entity, legal actions, company registration, trademark registration, india company