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Introduction to ‘Trade Mark’
Meaning of ‘trade mark’
‘Trade mark’ is one of the important intellectual properties recognized in business. Trade Mark means a mark capable of being represented graphically and which is capable of distinguishing one’s goods and services from those of others. Trade mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of the goods, packaging or combination of color or any combination thereof. It also includes an abbreviation of a name.
Search of the trade mark
It is very important to conduct trade mark search before embarking upon any business activity. The business activity gains recognition in the market by its name and thus a considerable amount of goodwill and reputation gets attached to the name. Therefore it is of utmost essence to conduct a thorough trade mark search before deciding the name for the business endeavour, which can be in the nature of a proprietary concern, a partnership firm or an incorporated company. The availability of a particular name in the Companies Register is not a sufficient criterion for selecting that name because it does not imply that the name/mark is available for use. Therefore, in order to avoid future legal hassles, a proper trade mark search is of crucial importance.
Identification of the class for the protection of the trade mark
For the purpose of conducting search, proprietor has to identify the class/classes of the trade mark in which proprietor has to protect his mark. While identifying the class, the proprietor needs take into consideration his business activities and his diversification plans for next five years from the date of search.
Registration of the trade mark
After satisfying himself about the availability of the mark, the proprietor should apply in the appropriate class with specific description of the goods and/or services.
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