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TRADEMARK Registration


Trademarks are words, names, symbols, brands, devices, headings, labels, tickets, signatures, letters or numerals or any combination there of, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from goods manufactured and sold by other. A person who sells his goods under a particular Trademark acquire a sort of limited exclusive right to use the mark in relation to those goods. Such a right acquired by use is recognized as a form of property in the Trademark, and protection under common law. A person can also acquire a similar right over a trademark, not so far used but only proposed to be used, by registering it under the Trademark Act. In India, you can protect a trademark for goods or services, on the basis of either use or registration or on the basis of both elements. A registration of a Trademark is for 10 years, but it can be renewed without restriction in time by payment of renewal fee for next 10 years. Thus a trademark may be protected indefinitely.

Importance of Trademarks

In short Trademark is a brand name. A trademark can be the most valuable assets of a company and may at times be worth more than the company's Land & Factory. The value of the trademark becomes prominent while considering a merger or an acquisition of a company. According to the inter Brand survey 2002, the COCA COLA trademark was valued at $ 69637 million, Microsoft at $ 64091 million, IBM at $ 51188 million & Intel at $ 30861 million. In India importance of Trademark can be seen by large number of persons filing Trademark application for registrations.