TRADEMARK
 
What are Trademarks?
 
Trademarks are words, names, symbols, or devices used by manufacturers of goods to identify their goods, and to  distinguish their goods from goods manufactured and sold by others. A person who sells his goods under a  particulate trademark acquires a sort of limited exclusive right to use the mark in relation those goods. Trademark  law protects this right of the owner of a mark to use marks that distinguish his goods from others and to prevent  others from using marks that are likely to cause confusion. Trademark law protects the goodwill of a business and also protects the consumers; ability to accurately ascertain the source of goods and services.
 
 
Why should I protect it?
Primarily to ensure that the only persons who are able to exploit it are you or your company. Your reputation is  represented by your trade mark. Others may seek to use your trade mark or something akin to your trade mark  for  their own use and thus take advantage of the reputation you have earned. Registration of your trade mark is  the  surest and quickest means of seeking redress in these circumstances. Furthermore, registration establishes  your  exclusive rights to use that trade mark for your goods or services.
 
 
What does constitute infringement of a Trademark?
A registered trademark is infringed if a person uses the same/deceptively similar mark in the course of trade, in  respect to the same goods. The test for deceptive similarity is whether the defendant's use of a mark is likely to  cause confusion, i.e., whether an appreciable number of reasonably prudent consumers are likely to be confused  or deceived as to the source, affiliation or sponsorship of the parties and their goods and services.oods and services.
 
 
What are service marks and are they protected in India?
Service marks are trademarks used by business rendering various kinds of services, for eg: travel agents, finance  companies etc.
 
 
What forms of protection are available for Trademarks?
There are two forms of legal protection that are available for trademarks. The most effective trademark protection is  obtained by filing a trademark registration application in the Registrar of Trademarks. Once the trademark is registered, infringement can be easily protected. In case of unregistered marks and marks which are not  registerable, the only form of protection is the common law remedy of passing off.dy of passing off.
 
Duration
Duration of Trademark is of 10 (Ten) years from the Date of application. however, it can be Renewed after Each 10 years on condition to desposition of Renewal Fees  payable in advance.