Is branding a trademark?
While your brand represents your reputation and business in the public eye, a trademark legally protects those aspects of your brand that are unique and specific to your company. … All trademarks are brands, while not all brands are trademarks. In its simplest form, your brand is your image.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
What are well known trademarks?
The Trademarks Act, 1999, defines well-known trademark as, “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade …
Is a trademark owned by?
Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.
What is the difference between trademark and business name?
The law makes a definite distinction between the two—a trade name refers to the company’s official name, while a trademark provides a company’s brand with legal protection.
Is trademark necessary?
The trademark registration process in India is required if a company or individual intends to protect their logo from the misuse by the third party. … Trademark registration will also provide an exclusive right to the owner to use it for its products or services.
Why are trademarks so valuable?
With a trademark, you retain exclusive rights to mark your products, with no one else being allowed to use your symbol, name, or slogan in that particular region. … Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.
Which types of trademarks Cannot be used?
Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
Is passing off a tort?
In common law countries such as the United Kingdom, the Philippines and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation.
Who can sue for infringement of trademark?
A registered user of a trade mark is the only entity which is recognised as having a right to institute lawsuits for infringement. Subject to an agreement with the registered proprietor, a registered user can institute a lawsuit in its own name (section 52, Trade Marks Act).