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How do I trademark a name and logo?

Tuesday, 02-June-2020

Trademark Registration 

The Trade Marks Act, 1999 and the Trade Marks Rules, 2002 (as changed) oversee the law identifying with exchange marks India. The enactment, as demonstrated in the Preamble to the Act, is an "Act to change and combine the law identifying with exchange marks, to accommodate enrollment and better security of exchange marks for products and ventures and for the avoidance of the utilization of deceitful  marks."The remarkable highlights of this Act quickly are as set out in the Articulation of Objects and Reasons added to the Trade Marks Bill:

(an) accommodating enlistment of exchange mark for administrations, in expansion to merchandise;  

(b) enlistment of exchange marks, which are impersonation of well  realized exchange marks, not to be allowed, other than augmenting the justification for refusal of enrollment referenced in provisions 9 and 11. Thusly, the arrangements of  cautious enrollment of exchange marks are proposed to be precluded;

(c) intensifications of variables to be considered for characterizing a notable imprint;

(d) getting rid of the arrangement of keeping up enlistment of exchange stamps Part An and Part B with various lawful rights,

what's more, to furnish just a solitary register with disentangled  technique for enlistment and with equivalent rights;

(e) Simplifying the technique for enlistment of enrolled client and amplifying the extent of allowed use;

(f) Providing improved discipline for the offenses relating to exchange blemishes comparable to the current Copyright Act, 1957, to prevent the sale of spurious goods;

(g) Providing an Appellate Board for speedy disposal of appeals and rectification applications which at present lie before High courts;

 

(h) Transferring the final authority relating to registration of certification trade marks to the Registrar instead of the Central Government;

 

(i) Providing enhanced punishment for the offences relating to trade marks on par with the present Copyright Act, 1957, to prevent the sale of spurious goods;

(j) Prohibiting use of someone else’s trade marks as part of corporate names, or name of business concern;

 (k) Extension of application of convention country to include countries which are members of Group or union of countries and Inter-Governmental Organizations;

 (l) Incorporating other provisions, like amending the definition of “trade marks;, provisions for filing a single application for registration in more than one class, increasing the period of registration and renewal from 7 to 10 years; making trade mark offences cognizable, enlarging the jurisdiction of Courts to bring the law in this respect on par with the copyright law, amplifying the powers of the Court to grant ex parte injunction in certain cases and other related amendments to simplify and streamline the trade mark law and procedure. All the provisions of the Trade Marks Act, 1999 and the trade Marks Rules came into effect w.e.f. 15.9.2003 as per notification No. S.O. 1048(E) dated 15.9.2003.

 



MAIN CHARACTERISTICS OF SUCCESSFUL LOGO

·         Your company logo should be compatible with the image you want to portray – Using basic colors on a very unique design will often give a contemporary look.

·         The company logo design should be a simple as possible – One reason your logo should be simple is that people process an image in their mind readily than words.  In addition, the simpler your logo is, the easier it will be for your graphic designer to resize and recolor it for various sizes of your logo (small, medium, and large), a web-ready version and a print-ready version of your logo, and a black-and-white and color version.  Always plan ahead since the ultimate goal of any business is to expand.

·         Your company logo should be unique and recognizable.  There are two reasons you need a unique logo.  First, you want people to see a visual representation of your company or business.  When people see your logo, you want them to immediately associate that logo design with you and no one else.

·         Finally, you will need to have the ability to trademark your logo.  Having a unique corporate identity is important because you don’t want to violate any copyrights or trademarks of other companies.  What it would be very small compared to winding up in court for a copyright violation. 

If your logo is simple and unique, people will associate your logo with your company.  When done properly, "How do I trademark a name and logo? "a logo is one of the simplest ways to make a brand name recognition impact http://www.trademarkregistrationconsultants.in.