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Trademark Registration CBE

Wednesday, 29-June-2022

What Is A Trademark?

(A) Which Are Devoid Of Any Distinctive Character, That Is To Say, Not Capable Of Distinguishing The Goods Or Services Of One Person From Those Of Another Person;

(B) Which Consist Exclusively Of Marks Or Indications Which May Serve In Trade To Designate The Kind, Quality, Intended Purpose, Values, Geographical Origin Or The Time Of Production Of The Goods Or Rendering Of The Service Or Other Characteristics Of The Goods Or Service;

(C)  Which Consists Exclusively Of Marks Or Indications Which Have Become Customary In The Current Language Or In The Bona Fide And Established Practices Of The Trade,

Shall Not Be Registered:

Provided That A Trade Mark Shall Not Be Refused Registration If Before The Date Of Application For Registration It Has Acquired A Distinctive Character As A Result Of The Use Made Of It Or Is A Well-Known Trade Mark.

You’re Brand:

      Your brand is the image that differentiates you from your competitors. it identifies your product, your service, your company. It may be represented by a sign, a symbol, a design, a word, a Colour, or a combination thereof. It conveys a sense of quality, credibility, customer satisfaction. It plays a crucial role in your marketing strategy and is at the core of your business competitiveness. It generates customer loyalty and has a value. It may become your strongest asset.

BRANDING STRATEGIES AND BUSINESS SUCCESS

Branding Aims At Building A Distinctive And Attractive Presence In The Market That Helps Gain And Retain Loyal Customers. Effective Branding Involves Creating An Image In The Consumers’ Minds About The Quality Of A Product Or A Service, Mainly Through Advertising Campaigns Centered On The Brand. It Also Requires Ensuring The Legal Protection Of The Brand Against Competitors In The Relevant Markets. Branding Strategies Are At The Core Of Sustained Market Competitiveness And Business Success.

BRAND CREATION, MANAGEMENT ANDCOMMERCIALIZATION

Creating A Brand Implies Choosing The Signs That Will Distinguish Your Products Or Services From Those Of Your Competitors And Getting Them Legally Protected. The Legal Expression Of Your Brand Is A Trade Mark. A Trade Mark Confers On You The Exclusive Right To Prevent Third Parties From Using The Signs That Distinguish Your Brand In The Course Of Trade For Identical Or Similar Goods Or Services.

 

You Can Register Your Trademark In India By Filing An Application At The Trade Marks Registry (TMR) Within The Office Of The Controller General For Patents, Designs And Trademarks (CGPDTM). The Registration Of Your Trade Mark In India Will Have A Duration Of 10 Years And Is Renewable Indefinitely For Similar Periods. Managing Your Brand Implies Regularly Renewing Your Trademarks And Enforcing Your Rights Against Infringers And Counterfeiters. The Assignment And Licensing Of Trade Mark Rights May Play A Significant Role In Brand Commercialization Through Partnership, Merger And Franchising Initiatives.


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