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At Babaria IP & Co., we are dedicated to protecting your intellectual property rights. With over 18 years of experience, our mission is to provide high-quality, efficient, and cost-effective patent and trademark services tailored to your needs.
What is the Difference Between a Trade Mark™ and a Registere
Understanding the nuances between a trade mark™ and a registered trade mark® is crucial for any business owner in India. While they might seem similar, these terms carry distinct legal implications. Consulting with a trademark lawyer in India can provide in-depth guidance, but this article aims to shed light on the fundamental differences.
What is a Trade Mark™?
A trade mark™ is any word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of your goods or services from others. It's a common law right, meaning you establish ownership through use in commerce. However, common law rights are limited to the geographic area where the mark is used.
For instance, if you're a small business operating in a specific region of India and use a particular logo or name consistently, you may have common law trademark rights within that area. But protecting your brand nationwide would require additional steps.
What is a Registered Trade Mark®?
A registered trade mark® is a trade mark that has been officially registered with the Trademark Registry of India. Registration provides nationwide protection for your brand, giving you exclusive rights to use the mark in connection with your goods or services. It also offers several legal advantages, including:
- Presumption of ownership: A registered trade mark creates a legal presumption that you are the owner of the mark.
- Enhanced protection: Registration provides stronger legal protection against infringement.
- Monetary damages: In case of infringement, you can claim monetary damages and injunctions.
- Custom duty protection: Registered trade marks can help prevent counterfeit goods from entering the country.
Key Differences Between Trade Mark™ and Registered Trade Mark®
Limited to geographic area of use
Nationwide protection
Ownership Proof
Based on use in commerce
Presumption of ownership
Enforcement
Difficult to enforce
Easier to enforce with legal remedies
Cost
Typically lower
Involves government fees
Time
Immediate upon use
Takes time for registration process
Export to Sheets
Why Register Your Trade Mark?
While using a trade mark without registration might seem like a cost-saving measure, it comes with significant risks. A registered trade mark offers several benefits:
- Brand protection: Safeguards your brand reputation and prevents unauthorized use.
- Business valuation: A registered trade mark can increase your business's value.
- Licensing opportunities: You can license your trade mark for revenue generation.
- Investor confidence: A registered trade mark demonstrates your commitment to protecting your brand.
How to Register a Trade Mark in India
Registering a trade mark in India involves the following steps:
- Trademark search: Conduct a thorough search to ensure your desired mark is available.
- Filing the application: Submit the application to the Trademark Registry with the required fees.
- Examination: The registry examines the application for compliance with regulations.
- Publication: The application is published in the Trade Marks Journal for opposition.
- Opposition (if any): Address any oppositions filed against your application.
- Registration: Upon successful completion of the process, your trade mark is registered.
The Role of a Trademark Lawyer in India
Navigating the trademark registration process can be complex. Hiring a trademark lawyer in India can save you time, effort, and potential legal issues. A qualified lawyer can:
- Conduct comprehensive trademark searches
- Prepare and file the trademark application
- Handle oppositions and objections
- Provide legal advice on trademark protection
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Babaria IP & Co. | patent attorney lawyer in india
Shitiratna Building, Panchavati Rd, Panchavati Society, Gulbai Tekra, Ahmedabad, Gujarat 380006, India
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Babaria IP & Co. | patent attorney lawyer in india
Shitiratna Building, Panchavati Rd, Panchavati Society, Gulbai Tekra, Ahmedabad, Gujarat 380006, India
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