Trademark Act Archives - LegalRaasta Knowledge portal Information on company registration, FSSAI, IEC, MSME, trademark, ISO and registrations Wed, 23 Nov 2022 05:08:54 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.1 Trademark Registration in India at Affordable Price https://www.legalraasta.com/blog/trademark-registration-in-india-at-affordable-price/ Tue, 22 Nov 2022 05:43:38 +0000 https://www.legalraasta.com/blog/?p=25114 A Trademark Registration only gives users the right to use the mark exclusively in connection with the classes of products or services for which it was registered. All parties, including individuals, companies, and charitable organizations, are eligible to register trademarks in India. In the modern world, it can be challenging to make your goods or [...]

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A Trademark Registration only gives users the right to use the mark exclusively in connection with the classes of products or services for which it was registered. All parties, including individuals, companies, and charitable organizations, are eligible to register trademarks in India. In the modern world, it can be challenging to make your goods or services stand out if you don’t establish and safeguard a distinctive brand identity. Therefore, you can submit your Trademark Registration in India with the help of the LegalRaasta team at a lower cost than with the assistance of any other Legal Advisor for registration in India. In this post, we’ll walk you through the procedure for registering a trademark online.

LegalRaasta offers Affordable Trademark registration services

A trademark is one approach to efficiently and distinctively present your goods or services to the broader public in the form of words, marks, or taglines. A trademark is another inexpensive approach to promote your product. When you offer your products a name or identity, it could take the form of an image, letter, slogan, or color scheme. However, managing the trademark becomes difficult when a third party starts using it without your consent. This is thought to violate someone else’s trademark. Therefore, register your trademark at a low cost in India.

Purposes of a Trademark

  1. Ensures the quality of the product and service by connecting it with a reputable manufacturer.
  2. Grants brands exclusive rights over visual components that make them distinctive.
  3. Aids in promoting and marketing goods or services
  4. Provides legal defence against products that are fake or copied.
  5. Facilitates the launch of a product into new markets and market segments.
  6. Makes it possible for the company to develop stronger goodwill, reputation, and dependability.

Some of Trademark Types

  • A picture, a logo, a 3D shape, or letters
  • Sound marks for audio formats
  • Using letters and numbers together to represent a brand
  • The company name
  • Graphic design or a logo

Concern with trademark infringement

There are various ways to view trademark infringement. Our exclusive right is occasionally violated by another party, although this is not always the case. Therefore, it is important to examine the legal provision to determine what constitutes infringement and what does not in order to discover the truth.

Drawback of Trademark Infringement

We all know that we live in the second-most populous nation in the world, making it difficult to keep track of who else is using our trademark. In addition, when someone else uses our trademark, they often modify it to use it for their own business, making it difficult to challenge the trademark on the surface. The maintenance of a trademark portfolio is made more difficult and complicated by these factors. Under Indian trademark law, using someone else’s trademark is trademark infringement, which is wrong and illegal.

The loss of the original owner’s reputation and company value are just two examples of the many ways that trademark infringement can hurt the owner. When a trademark infringement lowers the quality of your product, it will result in dissatisfied customers who feel taken advantage of without realizing that it is not you who is doing it. In this way, the value of the current business begins to decline as customers begin switching to a different brand. Due to all the unethical tactics used by their rivals, trademark owners turn to experts who can manage their portfolio of trademarks and keep an eye out for such behavior. Additionally, to minimize any losses to corporate expansion. Therefore, one should contact a legal advisor for Trademark registration at an Affordable Price from LegalRaasta in order to avoid all these repercussions of trademark infringement.

Trademark Registration at Affordable Price

You can get help from LegalRaasta finding unusual brand names, or we can create a trademark search report for your business. The official application fees are between INR 4500 and INR 9000 per class and mark. LegalRaasta may impose costs for Trademark Registration at an affordable price based on the application requirements if the Trademark Registry rejects your application or if there are any additional requirements.

The following guidelines apply to Trademark infringement:

  • Trademark infringement occurs when your trademark causes confusion among the general public as a result of its similarity to another registered trademark.
  • Infringement occurs when you employ a mark that is identical or nearly so for a product.
  • Regardless of whether the mark is applied to goods in the same class, employing a mark that is confusingly similar to a well-known brand constitutes trademark infringement.
  • The reputation of the registered brand suffers when it is used in any type of advertisement.
  • It is not a violation of trademark infringement to use a mark to indicate a good’s nature, quantity, or quality.
  • Let’s say you are employing someone else’s words, but doing so falls beyond the purview of trademark registration. The opposing party cannot thereafter raise a trademark registration Therefore, register your trademark for a reasonable fee.

 

Conclusion

A trademark should increase the perceived worth of your company’s goods and services and build brand recognition. There are various ways to view trademark infringement. Our exclusive right is occasionally violated by another party, although this is not always the case. Therefore, it is important to examine the legal provision to determine what constitutes infringement and what does not in order to discover the truth. You should be aware of the trademark infringement at this point. You should thus bear these things in mind as you develop your trademark strategy. Whether you already own a trademark or are planning to apply for one in India, this will benefit you in both situations. If you want to register your trademark in India quickly and easily, you can always get in touch with LegalRaasta if you think it is preferable to engage professionals to handle it for you rather than run the risk of making mistakes.

 

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Important information to be aware of while registering a Trademark online https://www.legalraasta.com/blog/important-information-to-be-aware-of-while-registering-a-trademark-online/ Thu, 22 Sep 2022 10:17:01 +0000 https://www.legalraasta.com/blog/?p=24956 [fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" hide_on_mobile="small-visibility,medium-visibility,large-visibility" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" border_style="solid"][fusion_builder_row][fusion_builder_column type="1_1" type="1_1" background_position="left top" border_style="solid" border_position="all" spacing="yes" background_repeat="no-repeat" margin_top="0px" margin_bottom="0px" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="no" hover_type="none" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" min_height="" link=""][fusion_text]The Trademark Act of 1999 provides protection for trademarks and their rights. Trademarks can be defined as special, distinctive [...]

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The Trademark Act of 1999 provides protection for trademarks and their rights. Trademarks can be defined as special, distinctive signs that are used to distinguish products or services coming from a particular business. Designs, images, signs, or even expressions are examples of these. It is significant as a way to set your items apart from those of your rivals and as a way to associate them with your company or item. Because they are within the category of intellectual property, trademarks are shielded from infringement. It is necessary to register a trademark in order to obtain trademark protection since doing so stops others from copying your mark and advertising other products falsely as bearing it.

Application status

You will receive an allotment number after you have received confirmation that your application has been filed to check the status of the application online. It will take time depending upon register Reponses it will either accept or refused for 18 to 24 months.

Trademark Registration

As soon as your trademark is accepted, the registrar will issue you a Trademark Registration Certificate, which will formally attest to the registration and future protection of your brand.

Searching the internet for a brand

This is the quickest and easiest technique for any novice to come up with a memorable, current, and intriguing brand name. The best aspect about this is that you may coin or invent certain terms using a combination of generic phrases to give yourself a distinctive brand name.

Trademark registration costs

If you’re a newly established small business or an individual, you’ll fall into this category. If you file the manually with the Office of Trade Marks in person rather than electronically, you must pay a fee of Rs. 5,000 or otherwise you have to pay 4500. If you need to fill out a form for a case not mentioned above, the cost is 10,000 for manual filling, 9,000 for electronic filling. And 3,000 for a notice of objection for manual filling and 2700 for electronic filling. If you need to renew your Trademark Registration, you must fill out a manually form costing 10,000 and an electronically costing 9,000.

Choosing a trademark for Trademark Registration

Remember to select a distinctive mark that represents your business and indicates the class to which you belong when choosing a trademark. The trademark can be registered for 45 categories of products and services, including Classes 1-34 cover products, and 35-45 cover services.

Classification

A class refers to the 45 separate sectors into which the commodities and services are divided. At the time of application, each brand name or logo must be registered under the relevant class. The remaining 11 of the 45 classes are for services, and 34 of the 45 classes are product classes.

Trademark search

After selecting a mark, it is wise to check to see if it is similar to any already registered marks. You can do this yourself by visiting the website, where there is an option for a public search, or you can do the search yourself. The alternative is to obtain legal services, in which case you may turn to the LegalRaasta team for a more secure method of payment. Along with doing the search, we will help you register a trademark in a simple and effective manner while offering lower-cost support throughout the entire process. To determine whether a certain trademark already exists, a trademark search is typically conducted. A third-party service provider website or the government’s Indian Trademark Registry database can be used for the search.

Application submission

You can submit a single application for numerous classes, series, or collective trademarks. To register a trademark for more than one class, you must complete the TM-A form. Since files are prioritized based on the date of filing, the longer it takes, the more priority your application receives. Another benefit of filing the application is that, after receiving your allotment number, you can still use the TM sign next to your mark even if it hasn’t been approved.

Visual Representation

You can register a wide variety of trademarks, including the following: Among the different kinds of trademarks that can be registered for trademark registration are word marks, service marks, logos and symbols, product shapes, series marks, collective trademarks, certification marks, geographical indicators, pattern markings, sound marks, colour marks, and three-dimensional marks.

Intangible asset

Consider the fact that your company develops a reputable identity and produces a successful brand as an intangible asset. As a kind of intellectual property, a trademark offers a tonne of advantages to the business. A trademark can be exchanged, franchised, commercially contracted for, and disseminated once it has been registered as an intangible asset.

Protection against Infringement

The owner may take legal action under the Act to stop unauthorized use of the trademark if someone uses it in connection with the owner’s name, logo, brand, or slogan without the owner’s consent or in a deceptive manner.

Trademark Registration is voluntary

Trademark registration is done on a voluntary basis. However, once a trademark is registered, it provides conclusive proof that the person who made the effort to register it is the rightful owner of the property. Any legal rulings will be in the party’s favor who registered the trademark.

Validity

Before it needs to be renewed again, a registered trademark is valid for up to 10 years. However, only one year prior to the registered trademark’s expiration date may the renewal process be started. If this is not done, the trademark will be taken down. Even after removal, the trademark may be restored by submitting it in the required form, a process known as restoration of the trademark.

Trademark Symbols for Trademark Registration

Trademark (TM) and Service Mark (SM)

These abbreviations denote trademarks that have not yet been registered but for which an application has been filed. Due to the fact that the application has not yet received official approval from the authorities, there is no special legal meaning as such.

R Symbol

As the ecstatic owner of a recently registered trademark, you are authorized to place the R symbol next to the trademark following approval of the registration application. This represents that the trademark is formally registered and that any infringement by a third party will be criminally prosecuted.

C symbol

The copyright that the owner owns over a creative work is denoted by the C symbol. This is applicable for a lifetime and includes software, literary works, photography, videography, and other visual media. In the nation where the work was copyrighted, the symbol is used along with the name of the copyright holder and the year of the work’s initial publication.

Conclusion

One of the most precious assets of your business may be a trademark. It serves as a means of identification and makes a substantial contribution to improving the company’s reputation. A trademark is a visual symbol that can be any combination of letters, numbers, symbols, labels, or other visual elements. Contact our LegalRaasta team for Trademark Registration if you want to register your trademark with the assistance of a professional expert. Additionally, it makes registration a trademark easier because the cost of legally defending your brand is well worth it. You will receive the best care possible throughout the treatment, and all of your inquiries will be addressed.

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Sony PlayStation 5 To Be Launched In India After Trademark Settlement https://www.legalraasta.com/blog/sony-playstation-5/ Wed, 23 Dec 2020 06:00:06 +0000 https://www.legalraasta.com/blog/?p=22331 The release date of Sony PlayStation 5 continues to be furtive, forcing the buyers to buy the Sony PlayStation 5 from unofficial sources. Even though they are sold at an extremely high price, still people are buying them. Sony has warned these people against buying Sony PlayStation 5 from such anonymous areas. The makers of [...]

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The release date of Sony PlayStation 5 continues to be furtive, forcing the buyers to buy the Sony PlayStation 5 from unofficial sources. Even though they are sold at an extremely high price, still people are buying them. Sony has warned these people against buying Sony PlayStation 5 from such anonymous areas. The makers of the PlayStation, Sony, has clearly announced that it will provide no official warranty to the PlayStation bought from the unauthorized sources.

Sony has now been given the green signal to launch it’s much anticipated  PlayStation in India. The global launch of Sony PlayStation 5 was supposed to be initiated on 12th November 2020. But in India, it’s launch date was delayed. The launch was delayed because of a trademark dispute between Sony and a Delhi resident.

A resident of Delhi, Hitesh Ashwani, claimed that he filed for the same trademark on 29th October 2019. Sony was not aware of the case until 6th February 2020, when it filed for the same trademark. This halted the launch of the PlayStation  in India.

Although, after many legal issues, Ashwani flagged the way for Sony and withdrew his trademark application. Hence, making it possible for Sony to launch the PlayStation 5 soon in India. According to the trademark registry, Ashwani issued trademark registration under the application number “4332863” back in 2019. This was opposed by Sony Interactive Entertainment Inc. in the court, which led to proceedings under section 21 of the trademark act, 1999. However, on 26th October 2020, Hitesh Ashwani withdrew his trademark application.

After all the legal disputes, the company now is preparing for the launch of it’s most anticipated “Sony PlayStation 5” in India. The PlayStation is supposed to be launched in two alternates in India – “Digital Edition and a Regular Edition (incorporated with CD dive). The starting price of the PlayStation is fixed at Rs.39,990 for the digital edition. While for the regular edition, the price has been fixed at Rs.49,990. The specification of both the options of the PlayStation is the same. The price of the accessories that come with Sony PlayStation 5 has also been fixed by the company.

The price of the Sony PlayStation HD camera has been fixed at Rs.5190. While, the price of a dual sense PlayStation 5 controller is fixed at Rs.5990. Along with these, Sony has launched other accessories. The price of the media remote of the PlayStation is fixed at Rs.2,590, the price of the pulse 3D headphone is fixed at Rs.8590 and the price of Dual Sense charging station is fixed at Rs.2,590. All these prices have been fixed as per Indian Rupees.

The release of Sony PlayStation is still a secret. The PlayStation maker is yet to inform the retailer about the date and information about the sale. Although, the rumor that is floating, is that the company will launch the Sony PlayStation 5, in December 2020.

We provide all kinds of legal services like Trademark RegistrationCompany RegistrationFSSAI License, and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

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