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Trade Mark Registration

Trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound, or even fragrance (not in India); nevertheless, most companies are only interested in registering their brand name or logo. Trademark owners have exclusive rights to use their marks in the categories in which they are registered (there are a total of 45 categories, called classes). According to some laws, Trademark is considered a form of property.

A trademark is a sort of intellectual property that consists of a recognizable sign, design, or statement that distinguishes a particular source's products or services from those of others. Despite the fact that trademarks used to indicate services are commonly referred to as service marks. An individual, business organization or legal entity can be an owner of a Trademark.

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

A registered Trademark in India is valid for a time period of 10 years from the date of filing of an application for Trademark Registration. However, a atrademark can also be further renewed. In a case where the applicant wants to use his/her trademark outside the territory of India or expand his/her business outside India, thee applicant is required to get an approval or Trademark Registration in the respective countries. A Trademark is recognised as an intangible asset for the accounting and income tax purposes. Trademarks are a kind of intellectual property and carry a good value associated with the products they represent. Trademarks can be franchised, sold, assigned or commercially exploited in any other manner.

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