A trademark should not be copied or misused; irrespective of the fact that the owner of a trademark may take legal actions against the one indulged in any such action for trademark infringement. Any unauthorized use of trademark may hold an offender or infringer responsible before the court of law. And for availing such exclusive rights by a trademark owner, trademark registration is a must. In most countries trademark registration is a formal procedure as a precondition for pursuing this type of action. Countries like USA and Canada adapt to common law trademark rights. A common law protection right ensures to protect a trademark which is in use but not actually registered. However, such types of rights do not offer as much legal protection as registered trademarks.
Trademarks can also be registered globally which is also known as International Trademark Registration. It is one of the most important processes of registration which protects the trademark throughout the world. Not only it establishes a presumptive right of the trademark owner to use the trademark, but also it establishes jurisdiction to file a trademark infringement action at plaintiff???s place of business. The World Intellectual Property Organization (WIPO) provides a mechanism for obtaining trademark protection in many countries around the world. An applicant can obtain an international trademark registration in his or her home jurisdiction.
Issue over violation of trademark rights happens often. In such cases, certain procedures have to be followed or adhered to. Trademark litigation helps in such procedures; involves disputes over, whether the distinctive configuration of a product or anything related to the product has been infringed. The main objective of trademark litigation is to provide procedural and evidentiary advice regarding trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
Alike the Trademark Act, there is Patent Act as well, which safeguards the inventions of any inventor. Any invention is the property of an inventor. Now the question arises on how an inventor does find out whether his invention is unique or not. Patent searches help any inventor to confirm that his or her invention doesn???t infringe with any other earlier patented invention. Patent searches are done by many consulting agencies. These agencies help the inventors to do such search and also give consolidated result to the inventor.
One can actually save time and money with the patent search. Usually, the Patent & Trademark Department takes three years to give its decision whether to approve the patent grant or to reject the patent application. For which an expert search is necessary with the help of patent attorney. Patent Attorneys are experienced highly qualified and professional law experts, under guidance and advice of whom one can register a patent successfully.
Indiatm is comprised of an experienced team of professionals. We assists clients in patent searches , trademark monitoring, trademark law in india , patent filing, trademark litigation, and trademark registrations.
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