Loading in 2 Seconds...
Loading in 2 Seconds...
Venture-Care can help you to execute your business plan and launch the company. At Venture-Care we are a team of dedicated, experienced and skilled professionals who have made the Launchpad a one-stop solution to help you to START YOUR BUSINESS.
Online Business-Venture care| Starting
your own business, Starting an online
More Ideas for your Business
A trademark is a unique word, logo, phrase or graphic symbol that is used to identify the
source of any product or service. A trademark or service mark can mean a lot to an online
business Pune India. It‟s what distinguishes one product from another.
In a business, intellectual property is one of the most important assets and must be protected.
Moreover, a trademark can be more than just a name or logo; trademark protection can be
sought for unique shapes, patterns, and colors. However, to obtain advanced legal protection
the trademark, one should register it and then closely monitor for any unauthorized uses. A
trademark gives the right to prohibit others from using similar marks in the market that might
confuse consumers. But how can one protect it from the competition? Here are some tips to
help protect the trademark from getting misused.
1.Choose a unique mark: Trademarks should differentiate the source of a good or
service. Generic names of a product or service usually don‟t qualify for protection. One
has to be creative! Generic terms like “hamburgers” are not protectable by trademark.
One has to invent a word like KODAK which actually means nothing, or choose a mark
that has nothing to do with the product; e.g. Apple for computers. Strong, unique marks
not only strengthen the legal protection but also attract consumer attention.
2.Register your mark: One can register with the US Patent and Trademark Office
(USPTO). National registration creates a legal belief that you own the mark. The USPTO
prohibits the registration of nearly similar marks. This can help in stopping troubles
before they start, and help in maintaining the distinctiveness of the mark.Once the
registration is done, one gets the legal right to use the ® symbol.
3.Use your mark actively: In order to protect the trademark, it must be first put into
“use”. The mark has to be used extensively in the commerce. Otherwise, it is possible
that somebody else uses the mark or makes a sale first. The mark should be placed where
it is visible on products and packaging. Commonly available marketing tools, including
the website and social networking websites, can help towards establishing use if done
4.Keep evidence of your early “use,” with proof of date: A dispute over the
unauthorized use of trademark often boils down to who can prove that they used the
mark in commerce first. Sufficient evidence of the earliest use of the mark should be
kept to avoid or prepare for such a dispute.
5.Sleep with one eye open: If one wants to keep the mark protected, a close watch has to
be kept and steps are needed to be taken to address any misuse.
Periodic searches for infringing use can help. If an Online business or person is seen
using the trademark or one that looks similar, they should be contacted and asked to
stop. The dates and locations of the infringement should be documented and a sample of
the product should be kept. Particular attention should be paid to customers who
purchase the product or service and who are confused between the product. If the
confusion arises because of the similarity of the trademarks, then one can use this as
evidence of infringement in a lawsuit.
6.Use the mark as an adjective: The trademark should be frequently used as an adjective.
Using it as a noun should be avoided, as it encourages people to think of the trademark
as a synonym for the product, and the trademark often becomes generic. For example,
“Kleenex” has become a synonym for a tissue. When a mark becomes generic, it can no
longer be protected.
7.Register with a trademark “watch” service. To monitor unauthorized use of the
trademark, one can hire a “watchservice‟‟. The function of watch service is to dig
through various trademark registries to find copycats. These services normally cost a few
hundred dollars a year.
020-65 3636 33
8.Maintain your rights: Trademark rights are maintained only through actual use. If one
ceases to use the mark, then one can lose the legal rights to it.
9.Use It or Lose It: Once a trademark is registered, though it is not important to include
the „TM‟ or „R‟ every single time one mentions the company‟s name, it is necessary to
display it a lot, particularly in prominent places. Albert says. “Put it wherever you have a
big display. The basic idea is that someone should see it if they‟re reading an ad or a
body of copy for your business. It‟s to alert the public to what is your registered mark.”
10.Maintain Your Trademark: Trademark registration lasts for 10 years and is renewable
for the additional 10-year duration. But to maintain it, one has to file maintenance
documents between the fifth and sixth year after registration, between the ninth and tenth
year after registration, and every 10 years after that. If a deadline is missed, the
trademark registration will be canceled. In addition to managing the mark on an ongoing
basis to retain the rights, maintenance documents also need to be filed. If not, the
trademark will be canceled.
What to do in case of infringement?
Trademark infringement is a violation of the rights relating to a registered trademark without
the permission of the trademark owner. Infringement may occur when the infringer uses a
trademark which is identical or nearly similar to a registered trademark owned by another
person, in relation to products or services which are identical or similar to the products or
services which the registration covers. The owner of such registered trademark may embark
on legal proceedings against the infringer.
Following are some of the remedies available to the owner of a trademark for unauthorized
use of the trademark by a third party.
1.Demand that the alleged infringer stop such infringement
2.Demand that the person who acts in a way likely to infringe on the trademark at issue
take preventive measures or
3.Demand the destruction of products constituting or resulting from such infringement, the
elimination of equipment used for such infringement, and any other measures necessary
to prevent such infringement.
If you have any query please write in the comment box below.
Register your Trademark Online Click here
020-65 3636 33
020-65 3636 33