The Trade Marks Registry was established in India in 1940 and currently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information center and is a facilitator in matters relating to trade marks in the country.
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Software patents are one of the most argumentative issues in Intelligent Property Rights. The growing economic significance of computers and computer programs gives software patents this controversial status.
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The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Renewal of a trademark preserves those rights which are only available to a registered mark.
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Copyright offers the creators of original works of authorship with a set of exclusive rights to copy, distribute, and perform their works for a limited period of time. Protected works include...
MoreIf you're beginning a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "Trademark" is that symbol you will use to do so. Registering a Trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own Trademark, if your business is relevant for the same.
The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to deliver for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Renewal of a trademark preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration.
For instance, a registered trademark has the advantage of legal presumption of ownership. That means that the burden of evidence is on others to try and disprove your ownership.
The consequences of not renewing the trademark are severe. In case no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar will have to remove the mark from the register. Before removing the trademark, the Registrar shall first advertise his purpose to remove the mark by advertising the notice to remove in the trademark journal.