A trade mark popularly known as brand name, is an identification symbol which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade to enable the purchasing public to distinguish one trader’s goods from similar goods or other traders.
What is a Service Mark ?
It is the same sort of mark as trade mark but applies to services rather than goods.
How is registration obtained in India ?
By filing an application in the prescribed form with fees in one of the five office of the Trade Mark Registry located at Bombay, Madras, Delhi, Kolkata and Ahmedabad depending on the place where the applicant resides or has his principal place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trade marks and examination report issued. If it is accepted and advertised in the Trade Marks Journal to allow other to opposition or if the opposition is decided in favour of the applicant then the mark is registered and a certificate of registration is issued.
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