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What & Why trademark?

A trademark is a form of intellectual property right (IPR) that is used to protect brand names, logos, symbols, and other distinctive marks that are used to identify and distinguish the goods or services of one company from those of another. Trademarks help consumers to identify and choose products or services that they trust and value, and they also enable businesses to build and maintain a reputation for quality and reliability.

Trademark protection is important for businesses because it allows them to prevent others from using similar marks that could confuse or deceive consumers, and it can also help to prevent the dilution or degradation of the business's brand. In India, trademarks are registered and protected under the Trade Marks Act, 1999.

Key points about trademarks in IPR

•Eligibility: Any person, company, or legal entity that uses a distinctive mark in relation to goods or services can apply for trademark registration in India.
•Application process: The application for trademark registration should be filed with the Trade Marks Registry either electronically or in paper form. The application should include a clear representation of the mark, along with the necessary fees and forms.
•Examination process: Once the application is filed, it will be examined by the Trade Marks Registry to determine whether the mark is eligible for registration and does not conflict with existing trademarks.
•Term of protection: The term of trademark protection in India is 10 years, and it can be renewed indefinitely.
•Exclusive right: The owner of a registered trademark has the exclusive right to use the mark in relation to the goods or services covered by the registration, and can prevent others from using similar marks in a way that could cause confusion among consumers.
•Infringement: If someone else uses a registered trademark without the owner's permission, it is considered infringement, and the owner can take legal action to protect their rights.