A Trade Mark is any sign which can distinguish goods and services of one trader from those of another. It is a visual symbol in the form of a word, or a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that they are the goods dealt in by a particular person as distinguished from similar goods dealt in by other persons. Thus, registration of a trade mark confers certain statutory rights on the registered proprietor which enables him to sue for infringement of the trade mark irrespective of whether or not the mark is used. Interestingly, the law of trade mark all over the world is based on three broad concepts: (a) distinctiveness or distinctive character, or capable of distinguishing; (b) deceptive similarity or similarity or near resemblance of marks; and (c) same description or similarity of goods. The purpose of the Trade Marks Act is to provide for registration and better protection of trade marks for goods and services and to prevent the use of fraudulent marks.1
Successful companies rely on the power of their trade marks and brands to communicate the quality and distinctiveness of their products and services. Trade Marks are often some of the most valuable assets of a company. Infringement or dilution of a mark can cost millions in revenue and goodwill. VNA Partners understand the importance of developing sound, sophisticated IP strategies that leverage key assets like trade marks. We also know the value of building and protecting strong brands through advertising and promotions, particularly in highly competitive markets.
We provide the following services:
- Trade Mark Searches and Advisory
- Filing and Prosecuting Trade Mark Applications in India
- Filing and Prosecuting Trade Mark Applications in Foreign Jurisdictions
- Legal Opinions and Advisory
- Oppositions
- Regular Journal Checks
- Post Registration Services and Renewals
- Assignment and Licensing
- Portfolio Management
1. P. Narayanan, Law of Trade Marks and Passing Off, Sixth Edition, Eastern Law House, 2017, p. 3-7.