Trademark is any word, phrase, symbol, and/or design that is capable of identifying and distinguishing the source of the goods of the person from other. In order to enjoy the exclusive usage and distribution rights over the trademark, the owner is required to get his Trademark registered under the Trademark act 1999. If any person tries to use just the same or the deceptively similar mark then it will account for trademark infringement will be considered a breach of the law. However, in order to account for breach of law, the mark should be used for the same class of goods and services. For instance, the ABC limited is using the trademark OXY private limited for his business of electronics. Then the same trademark is being used by the company who manufactures the water bottles. In such a situation the company cannot claim for trademark infringement. This is because the class of goods being used is completely different.
Thus, in the stage preliminary public trademark search if you find that the trademark you are searching for is already registered don’t get disheartened. Provided that the goods and services that you intend to provide under your mark, are reasonably different than the registered mark. With trademark registration only come the trademark rights for the goods and services in whose respect the trademark registration is sought and it does not extend to all goods and services. However, one thing to be noted here is that there is an exception to this rule for famous marks, such as McDonald’s or Nike. For famous marks with trademark registration have a broader protection and allows protection against uses by others even in very different fields. Just like no person can use the brand names like APPLE for selling any kind of products as it will be considered as dilute APPLE famous brand rights. What all accounts for Trademark infringement? The unauthorized and illegal use of Trademark that can lead to confusion between the original and copied mark is referred to as Trademark infringement. Some of the popular trademark infringement examples are Adidas – Abibas, PUMA- PIUMA etc. However, in order to account for trademark infringement following conditions are required to be satisfied some of which includes the following –
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9/11/2023 10:40:20 pm
Starting a business involves creating a viable business idea, conducting market research to assess demand and competition, developing a comprehensive business plan, securing necessary funding, and registering the business legally. Key steps include selecting a suitable business structure, obtaining permits and licenses, setting up financial systems, building a brand, and establishing a strong online presence. Additionally, networking and seeking mentorship can be invaluable for guidance and support. Successful business startups require dedication, adaptability, and a commitment to continuous learning and growth.
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