Atul K Garg & Co

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We have been helping our clients in gaining trade mark registration with our range of legal consultancy services. A trademark consists of:

    A word or invented word
    Signature
    Device
    Letter
    Numeral
    Brand
    Heading
    Label
    Name written in a particular style
    The shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth
    Symbolized by the name of a person, living or dead

While choosing a trademark we make sure that the mark chosen should be capable of differentiating goods or services of one organization from those of the others. It is also made sure that it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.

Marks which cannot be registered:

    Marks devoid of any distinctive character
    Indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary

A mark used in the relation to goods or services for indicating a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark is a trademark.

Functions of trademark :

    Identifying the goods/ services and its origin
    Guarantees the unchanged quality of the products
    Advertises the goods or services
    Creates brand image for the goods or the services