Every Business is unique and has an identity of its own. In this competitive market, there are many products of the same genre. A Trademark registration is necessary to distinguish one from the other.
Every Business is unique and has an identity of its own. In this competitive market, there are many products of the same genre. A Trademark registration is necessary to distinguish one from the other.
Trademark registration protects businesses and ensures that the brand name of such business is not misused. Escalade Legal Services has a history of getting trademarks registered across the country and helping its clients maintain their exclusivity in the market. Escalade Legal Services’ offerings include search, registration and prosecution of Trademarks. Escalade Legal Services also helps in handling various types of complex Trademark Litigation matters.
Businesses use various methods to differentiate themselves in the market from their competition and establish a high recall value amongst their customers. Unique names, logos, symbols and taglines are some such devices used as creative and cost-effective methods to make their products or services familiar to the masses. Trademarks exist to help differentiate your brands from your competitors and probable infringers who might seek to pass off your hard-earned recognition and goodwill. Trademarks can be granted to names, logos, taglines, a combination of works and 3-D images. Trademarks can be registered internationally as well.
Types of Trademarks
Wordmark
Certain words are automatically associated with a brand due to its
long use by the brand. This can be the brand name, the sub-brands that
a parent brand might launch or a name/phrase that has been adopted to distinguish itself from its competition.. Trademark law allows for trademarking a name or phrase by the first user so that their competitors or inferior products cannot pass-off as the first movers causing financial and reputation losses to the original trademark owners.
A ‘Sound Mark’ is a sound or ‘jingle’ that automatically reminds
the listener of a certain brand or product. The best examples of Sound Marks in India with
high recall value is that of the IPL and of the mobile handset
brand ‘Nokia’.
These are drawings, pictures, monograms, labels, stickers, logos, stylized letters, words in unique fonts or a combination of these that serve as the
immediate representatives of a brand. These draw an instant recognition from the viewer for the user/owner of such a device. The bitten apple of Apple Inc., the prancing horse for the company Ferrari and the word ‘WD-40’ in its unique font for the WD-40 Company are some of the most widely recognized Device Marks.
Registered trademarks irrefutably vest the right of use on the Trademark owner. Passing-off of reputable trademarks by inferior products/ services by nondescript entities is a very big problem that plagues any product/ service, irrespective of the Industry.
A registration of Trademark gives the legal protection and ensures that the brand name (wordmark, logo or device mark) is protected against misuse across even in other classes, of products or services. Thus, registration of the Trademark is highly recommended world over, where the business has or propose to have a presence.
Venkata is a highly knowledgeable in IP Protection services. He is young, friendly and guided us well in the different kinds of protection required for a new business. He is extremely detail oriented, provides great follow-up and gets work done as promised and on time. It was a pleasure working with him and I'm sure we'll be going back to him more often.
Ramani MV
Venkat is a good Trademark attorney. He is intelligent, hardworking and committed to his profession. He expressed his interest to explore the vast field of patent searching and drafting. I wish him good luck in his future.
Badrinath Simha
Venkat had been one of the inquisitive students who wanted to explore a lot into new branches of law. He had a profound apptitute towards cyber laws and intellectual property laws. He brought in new dimensions and perspectives to class discussions. I wish him all the best in all his endeavours.
FAQ's
What cannot be trademarked in India?
The government has set a list of 102 words that cannot be trademarked in India.
Outside this list, anything can be trademarked.
Can trademarks be descriptive?
No, trademarks cannot be descriptive of the products.
Who benefits from a trademark?
The first user always benefits from a trademark.
What are the benefits of a trademark registration?
It ensures that the brand value of recognisable and established entities are not usurped
by competition.
How long does trademark registration last for?
Once registered, it is valid for a period of 10 years, which can be further renewed for a period of 10 years.
What can be trademarked?
Names, logos, words, monograms, symbols or a combination of these can be
trademarked.
How we can help
We pride ourselves on the creative legal
solutions and cost-efficient services
provided to our national and
international clients
Trademarks
Trademarks exist to help differentiate your brands from your competitors and probable imposters who might seek to pass off your hard-earned recognition and goodwill.
The design protection is granted to protect new, original, non-obvious designs on/of manufactured articles, where the said design has no functional or structural impact on the product in question.
Escalade Legal Services takes a multidisciplinary approach towards real-time legal assistance and acts as a one-stop shop for all your legal needs. We specialize to providing IP and Technology support for your Company.
