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Lawyers for Trade Mark And Copyright in Sikkim

TRADEMARK: It includes name, symbol, packaging, shape of goods. it is legal right granted to the manufacturer of particular goods and services. It is granted so a consumer can associate the mark of goods and services with particular manufacturer/ company. In order to protect the goodwill of a business right in a mark or symbol is granted to avoid confusion and deception among the consumers of goods and services. A trademark can be registered if it has a distinctive character....

INTRODUCTION: it is a competitive out there, and in that commercial game you need to strategize before you can claim your success. For this reason IPR as a comprehensive subject becomes a need, where people can protect what’s theirs, to avoid misuse by the persons who are not actual owner/manufacturer of the products. IPR is a vast subject which leaves nearly no room for the unauthorized users/infringers to get away without bearing the punishment provides by the provisions of different laws under IPR regime.

PROCESS OF REGISTRATION OF TRADEMARK: in order to get your mark be registered as a trademark first of all you need to select the mark/symbol which is distinctive in character, it’s better to carry out a search before choosing your mark in order to avoid duplication and rejection. After that application is filed with the trademark registry and numbered, thereafter objections if any has to be met by the applicant. Next step involves the publication of the application to call for objections with respect to the mark if any registered only if decision falls in favour of applicant and if no objections trademark registration is granted.

INFRINGEMENT OF TRADEMARK: it occurs when someone else other than the rightful manufacturer/ company uses TM in an improper manner, which may or may not deceive the consumers but what is required here is the improper use. Confusion among customers forms basis for action under this. The TMA, 1999 provides for both civil remedies like permanent and temporary injunction, damages and criminal remedies by way of initiation of criminal proceedings against the infringer.

WHAT WE DO: the registration of trademark is compulsory to invoke rights against infringer under trade mark act, 1999. For new companies willing to register their mark as trademark there’s a lot to do already, don’t bother about finding a good lawyer who can provide you with great legal advice, Lawtendo got it covered because it provides you the best trademark lawyers in the sikkim. For matters relating registration, renewal, and infringement of trademarks contact Lawtendo to hire experienced IPR lawyers in the sikkim.

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