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Registration of a trade mark gives to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or service. Further, the registered trademark can obtain relief in respect of infringement of the trade mark in the manner provided by the Act.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
They identify the product generally by the logo, which would be a registered trademark. Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognised as well as carries a market value over time.
One can have a trademark on letters, abbreviations, or a combination which are used for business and which are able to distinguish the goods or services offered by one person from another’s. For example “555”, “777”, “IBM”, “BMW”.
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.
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