Archive for February, 2010

Trademark Registration in India

February 12, 2010
We are frequently asked what’s a trademark, do I need to register it before I use it, along with other rather straightforward questions about mark usage in the U.S. and abroad. In our experience here are five (5) easy facts each and every business owner ought to know about trademarks:

1. What is a Trademark Registration in India ?

A trademark includes any word, name, symbol, or device utilized in commerce to identify the goods of one manufacturer or seller from goods manufactured or sold by other people, and to indicate the source of the goods. In short, a trademark is a brand name like Coca-Cola® for beverages, the Nike swoosh for shoes, and FedEx® for package delivery services.

2. Can I Reserve a Trademark Prior to I Use It?

Yes. A trademark could be “reserved” with the U.S. Patent and Trademark Office by filing an Intent-to-Use Application for the trademark. Although an Intent-to-Use Application requires extra paperwork to be filed throughout the Registration Procedure, it permits persons to reserve a trademark for future use although their company, brand, or product line is developed.

3. Ought to a Trademark Search Be Performed to make Certain my Trademark is Available Prior to I File an Application to Register the Trademark or Start Use Thereof?

Yes, even though a search is not needed. Trademark Research permits you to verify that your proposed mark isn’t in use by another and is obtainable for you to make use of.

4. Do I Need to Register a Trademark to make use of a Trademark?

No. Nevertheless, federal registration has a number of key advantages which make it essential to obtain a registration especially to Enforce a Trademark and preclude other people from using your mark or similar marks thereto. A federal trademark registration provides:

* Constructive notice nationwide of your claim of ownership of a trademark;

* Evidence of ownership of the trademark;

* Jurisdiction of federal courts to Enforce a Trademark may be invoked;

* Registration could be utilized as a basis for obtaining Registration in Foreign


* Registration may be filed with U.S. Customs Service to stop importation of

infringing foreign goods.

5. Is really a U.S. Federal Registration Valid Outside the U.S.?

A U.S. Federal Registration only protects your mark here in the U.S. However, any trademark owner with an application filed in or a registration issued by the U.S. Patent and Trademark Office can extend protection of that trademark into over 71 other countries via a treaty referred to as The Madrid Protocol.



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February 12, 2010

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