What protection does a trade mark give
Trade mark is an intellectual property, which provides the exclusive right to use the name, mark, symbol, logo, image or combination of these elements which are used as the brands / names under which goods and services of a merchant/trader are sold. It protects the unauthorized copy or use of a similar mark by any person for the same category of business. It provides the right to prosecute any person who infringes the brand name or identification mark. Even an unregistered trademark provides protection in form of a passing off action..
A trade mark protects the reputation of the business of the trader. It helps the trader to establish the connection between the mark and the quality/characteristics of goods or services associated with it.
What do the symbols ® and ™ in a trade mark indicate?
The symbol ® signifies that the trade mark is a registered trade mark. The symbol ™ signifies that the word or logo is used as a trade mark. It may not be a registered mark. When a mark is used as a trademark, ™ symbol may be used along with the mark. Once the trade mark is registered, the ® symbol along with the mark.
Can I start using the mark after filing or must I wait for registration to use the trade mark?
A person may use a trade mark for his goods or services irrespective of trade mark filing or registration. Use of a trade mark for a certain period of time will enable the person to show acquired distinctiveness that will help in registration of the trade mark. If the trade mark is filed as a proposed to use mark, it must be used within a period of about five years.
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