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A trademark is popularly recognized as brand name, is a visual mark in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from same goods of other traders. The Trademark Act & Trademark Rules seeks to grand for the trademark registration of trademarks relating to goods and services in India. The rights granted under the Act, are working in the entire of India. The marks devoid of any unique character, or which are only indicative of the variety, superiority, quantity, purpose, value or geographical origin of the goods, or which are marks already in trend in the trade due to their customary use may not be registered. trademark registration gives the authority of its genuine owner and they can go for legal proceedings against its copied and misuses. The company can file trademark litigation action as a part of intellectual property right. The company has right to banned identifiable mark used by others in any place of the nation as they are the right authority of it. Every country has exclusive symbols to signify the company in the national and global market. The unique identity helps of its consumer to distinguish products of their company with other company. As per the rules of litigation of trademark laws, “company can follow proper procedure of legal action against the misuse or duplicate copy of trademark”. The litigations act come under civil lawsuits. It provides the facility of company in making their individual identity and to solve disputes controversy and issues.
The Trademarks Act, 1999 provides security to the owner of a trademark and imposes criminal liabilities for the infringement of the trademark owner’s rights. To enjoy protection, the owner of a trademark must register the Trademark in Registrar of the trademark registration in india. The Trademarks Act is also applicable to the security of certificate marks, service marks and collective marks. The Trade Mark Registry Office executes the statutory duties in connection with the registration of Trade mark and other activities related thereto. Trade Mark offices are situated in Ahmadabad, Chennai, Kolkata, Mumbai and New Delhi. Generally, brand refers to the trade mark used to identify the goods or services among the consumers. The business group sells their services or goods under the particular name or brand that is called trade mark. Therefore, the brand registration is useful to avoid the duplication or use the same mark by others. Brand registration is most favorable services in the corporate sector. The patent is the unique act, which allot to the inventor, the right of exploiting its object exclusively, during a determined period of time. patent registration means that the invention cannot be commercially used, made, distributed or sold without the patent owner’s permission. An owner of the patent has complete right to decide who may – or may not – use the patented invention for the period in which the invention is protected. The patent owner has power to permit or license, other parties to use the invention on mutually agreed terms.
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