Trademark Registration and trade names (or business names) relate to intellectual property family as well as patents or utility patterns. They give the owner exclusive rights over its object budget. For example, a patent protects an invention (“solution to a technical problem”) and the trademark gives its owner the sole right to use the mark in the market to distinguish a particular good or service.
Registering a trademark or company name is a delicate process that requires precise knowledge of the applicable rules, especially when what is sought is a trademark that can be exploited in the market.
Trademark search
Trademark search and results analysis in light of relevant legislation to avoid possible barriers . And to reduce the risk of opposition by third parties or to restrict the use of trademarks in the market;
Checking the symbol that is request for the trademark includes the elements require for registration to be denied;
Help define products and services to be include in a trademark application to obtain adequate security;
Help determine the most appropriate area for trademark registration.
The main advantage of a trademark registration in Cochin your brand is exclusivity.
The trademark registration in Kerala will verify the official ownership of its mark and prevent third parties from using the mark which is identical or services in confusion.
How to check whether trademark is registered before?
In most cases, trademark search is an important first step in any trademark registration or brand launch strategy, as it will prevent companies from adopting brands that infringe on third-party trademark rights. Trying to register in trademark registration in Cochin for such names can be costly and time consuming, as the result will be opposition to the mark chosen by the other party.
If protests occur after the ‘new’ mark has been used, manufacturing processes may need to be halted, products recalled, and advertising campaigns canceled. All have a significant impact on costs.
How to check your chosen name is free?
Search engines are useful tools for checking if a selected logo has the same or similar trademark already in use and, if so, where and for what products or activities.
However, such sear online searches will not recognize signs that have already reported. Only detailed trademark availability searches in official or purpose-built databases will be able to identify such potential conflicts.
Trademark searches typically fall into one of the following categories:
Similar trademark search: identifies visually or phonically identical marks or devices;
Trademark registration in Cochin identifies similar and similar marks in confusion;
Trademark Search with Opinion (‘Search with Advice’): Includes attorney’s recommendation on similar. Or similar trademark search results based on their consideration of previously identified signs;
Index Search: Identifies companies with similar / identical names for search terms;
Verification Search Used: Investigates whether a third party with a prior right is properly exercising its trademark rights, which may provide grounds for challenging registration; And
Trade name search: By identifying companies with similar / identical names with search terms, identify trade name rights that may conflict with your desired trademark.
In addition, trademark attorneys can also blindly examine the meaning or markings chosen for organizations. The company should launch its product or brand in some foreign countries where you can catch up by linguistic differences is of special importance.
Benefit of trademark registration
1. Trade-Marks Act Registered trademark owners have a special legal right as opposed to a specific legal right limited to a specific geographical area in which the mark can be shown.
2. A claim for a trademark infringement, which can only be made on the basis of a registered trademark.
3. Ownership of a trademark registration in Kerala provides protection against an attack by a third party challenging the use of the target. In other words, having a registration works like the sword and the sword of other trademark owners.
4. Allows proceedings under Section 22 (“Depreciation of Goodwill”) of a registered trademark trade law. Trademark registration is a prerequisite for this cause of action.
5. Examination of trademark office fees for third-party trademark applications provides some degree of “automatic policing” of the register.
6. Ownership of a registered trademark provides a ground for protest against a third-party mark-confusion . Every additional valid ground of the opposition increases the chances of success of the opponent.
Conclusion
In the absence of trademark registration, it is difficult and expensive to enforce common law trademark rights.
The burden of proof involved in filing such cases is considerable and the legal status of their proceedings and the violation of copyright are always complex.