Trade Mark

Two Separate words ‘Trade’ and ‘Mark’ giving meaning to a particular product which at the stage when initially was produced and marketed, the basis was its quality, but as the time passes through and the demand for such product under that particular brand rises, it becomes the source of origin from where the quality product comes out and which thereafter is recognized with a name commercially called as Trade Mark.

What a Trade Mark does for an Industry

Creates Value for a Product

At the initial stage of an industry, brand name is nothing for a producer of goods, which matters is only the quality of the product which raises demand for it but at the end when the product sales grow higher, its becomes and people recognizes the product with the brand, logo, device and that is the time when the brand becomes a trade mark and than it is the only value for the product and becomes priceless.

Develops trust for the product

Trust is everything in any relationship whatever it may be a love, business or consumer relationship. If trust, goes, everything goes and it takes a long journey to complete while developing a trust for your products on a consumer and when a consumer has trust on your product, it does not want you to betray it.

Identifies as the Symbol of Quality

Once, the brand becomes the symbol of quality, you cannot compromise with others allowing them to make goods of inferior quality under the brand which is similar to yours as your brand is equal ant now to the symbol of quality and the usage of the same or similar mark by others will only spoil reputation for your product which you have grown by serving it since birth until it became a tree with many fruits and branches on it at which every one wants to have a piggy ride on the path which was created by you by starving water for longtime.

Satisfaction as to best source and quality

But in case your intellectual asset if gets caught by some malafide intender to produce goods with your brand under its supervision which can never match to the quality of the product, the name and fame developed by you for your goods get malign not its and consumer relates the bad quality with your origin and you will have to face this heat while making entry in Indian market that goodwill for your product has already been maligned by an offender and at that time you can only blame yourself for that mistake for not having an earlier protecting of trade mark rights.

LAW OF TRADE MARKS IN INDIA

In the year 1940, while India was British India, the Trade Marks act, 1940 was enacted by Government which continued up till 1958 and in the year 1958, Trade and Merchandise Marks Act, 1958 came into force.
That on, 15.09.2003, Government of India in order to meet with the International Obligations repealed the earlier Act of 1958 and notified Trade Marks Act, 1940 into effect under which for the first time in the history of Indian Trade Marks System, classification of services from Classes 35 upto 42 were brought into force for the protection of service marks for service providers. In addition the duration of a registration which was 7 years from the date of registration or from the date of last renewal used to remain in the earlier Act was enhanced and now under the new Act of 1999, a mark remains valid upto next ten years from the date of registration or last renewal. The provision for filing of applications as multi-class application was also incorporated which was not available for the applicants in the earlier Act.
Another measure was taken by the Indian Government while repealing the earlier Act was that it included well known trade marks in the new Act which helped the foreign applicants to take benefit of Paris Convention Treaty. Now, India follows classification of goods and services from Classes 1 to 45 and also recognizes Vienna Classification of goods and services.