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A trademark is a visual symbol or sign in the form of a word, a device, or a label and a means of identification which enables a trader to make his goods and services distinguishable from that of other traders. A trademark is considered to be a type of property which entitles the trader to use the mark to represent his goods and services in perpetuity.

A trademark can be filed either as a word, logo, device, symbol, colour and so on. A word mark is stronger than a logo or device mark because it will help the trade mark owner in preventing everyone else from using the said word in any manner. On the other hand, the logo or device mark will enable the trade mark owner to only protect the specific way in which the logo is represented. Another person may be able to use the components of the logo such as word, colour, art work and so on without liability.

However, as granting a word mark registration would lead to blocking the word for a single applicant, the registry is always very cautious while registering such marks. On the other hand, a logo mark is always considered as distinctive based on the distinctiveness of fonts or other additional features depicted in the mark and may be easily registered when compared to a word mark. As per section 10 of the Trademarks Act, if a mark is filed in black and white then it is considered as a mark filed without limit to any colour and all the colour combinations are covered within the scope of the application.

The process of filing a trade mark application has five basic steps. They are filing, examination, publication, opposition and registration. Opposition is an optional step and comes into play only if any person objects to the trade mark registration. Though the process seems simple and registration may often be obtained easily, going through the process without appropriate legal knowledge, planning and strategy may result in weak protection. Strong trade mark protection can be acquired by approaching highly qualified professionals having strong background and experience in IP.

Brain League, a leading IP Services company based out of Bangalore provides high quality trade mark services. Their team of experts having Doctorate and Masters degrees in IP work with clients on various trade mark issues. The company has transparent processes and is the only company to provide online status and portfolio management services to its clients in India. In addition to catering to specific needs of clients, Brain League’s team also helps clients strategize and plan for trade mark protection and actions at various levels. For more information about brain league, please visit www.brainleague.com.