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TRADEMARK
Now world over every marketing products or services having its goodwill or reputation has ingredients of intellectual property. This makes each individual goods or services as unique in vast consumer market.
At Mark Innovators, We identify proper procedures for protecting and enforcement of intellectual property rights of our clients and safeguard their interests with minimum hassles.
At Mark Innovators, We help our clients through registration and contractual drafting by protecting their intellectual property rights and also help them in retaining assets of copyrights; Trademarks, Trade dress, and Patents and we also help to enforce and catch off competitors in combating unfair trade practices and competition who would unfairly duplicate or simulate products, services or methods of marketing in a clandestine manner by stealing the legitimate profits.
At Mark Innovators, we are actively engaged in securing and maintaining intellectual property rights throughout the world. WE provides a full range of INTELLECTUAL PROPERTY services filing registration application and obtaining registrations across the world, registered users, portfolio planning, brand management and Trademark searches. We also assist in respect of oppositions concerning to INTELLECTUAL PROPERTY.
What is Trademark :-
The Trademark is a name mark, numeral, letter or a word or combination thereof either in the form of a symbol or with a word or combination thereof which is being used in the course of trade to enable the purchasing public to distinguish the product or the property mark or the goods from the similar goods of other manufacturers. Trade & Merchandise Act, 1958 has defined in section 2(1)(v) that a Trademark means:
In relation to chapter 10(other than section 81), a registered Trademark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in a course of trade between the goods and some person having the right as proprietor to use the mark;
In relation to other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in course of a trade between the goods and some person having the right, either as a proprietor or as a registered user, to use the mark with or without any indication of identity of that person and include certification Trademark registered as such under provisions of chapter 8.
What is a good mark :-
· A mark can be a word, letter, device, logo, symbol or numeral or in any in combination thereof. It is better if it is a easy and simple in design, logo or word to be remembered by unwary purchaser.
· The word should be easy to speak, spell and remember. · The ideal word for a Trademark is an invented, imaginative or coined word.
· The words, marks that are laudatory in nature or which directly describe the character or quality of the goods should not be adopted.
· The Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted.
· It is always better to conduct a preliminary survey to ascertain whether any other person is using any identical or deceptively similar mark for the same goods.
· It is advised not to adopt, imitate other persons Trademark or any other well-known Trademark, even if the goods or trades are different.
· It is desirable before making an application for registration do obtain preliminary advice and search report to ascertain whether any identical or deceptively similar Trademarks are exists on the Register or pending for registration for the same class of goods or for any other goods.

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