“BGROW SERVICES” Introduced Brand Production Service for Organizations to protect their BRAND (Name and art works) against any type of infringement.

1WHAT IS A TRADEMARK ?

A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs is used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.

2WHAT IS A SERVICE MARK ?

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
A SERVICE MARK is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

3WHY REGISTER A TRADEMARK ?

A registered trademark gives the exclusive use of that name, providing its owner the capability:

  • To create “Trademark Value” (Goodwill), an active intangible for the company
  • To offer licenses and franchises
  • To be differentiated from competitors
  • To be protected from third parties using an equal or similar name, exercising the legal actions that correspond
  • To protect the Internet domain name
  • To impede others attempting to register similar trademarks
  • To have priority over third parties wanting to register their trademarks, in countries which do not require registration
4HOW ARE TRADEMARKERS, COPYRIGHTS AND PATENTS DIFFERENT?

A trademark is different from a copyright or a patent or geographical indication. A copyright protects an original artistic or literary work; a patent protects an invention whereas a geographical indication is used to identify goods having special characteristics originating from a definite territory. Patents protect new inventions, discoveries and designs, while copyrights protect original works of authorship such as paintings, computer programs, sculpture and architectural designs. Trademarks do not protect creation or inventiveness at all. In fact, a trademarks can be acquired with no creative or innovative input from the owner whatsoever. For instance, when the public spontaneously began referring to “Coca Cola” as “Coke,” the new term became a source identifier for the product, and thus automatically a trademark.

5WHEN CAN I USE THE TM OR SM SYMBOLS?

The “TM” and “SM” designations (“trademark” and “service mark,” respectively) are commonly used as superscripts or subscripts after trademarks and service marks to place the public on notice that rights in the mark are being claimed. These symbols may be used as soon as the mark is in use without any registration of the mark.

6WHEN CAN I USE THE '®'SYMBOLS?

The ® designation is reserved to indicate that the mark is registered as Trademark. This symbol should not be used under any circumstances until a certificate of registration has issued on the mark.

7WHAT IS MEANT BY 'GOODS/SERVICES CLASSIFICATION?

Almost all jurisdictions including India employ a classification system in which goods and services have been grouped into classes for registration. Most countries follow the same classification system, namely the International Classification of Goods and Services, which consists of 34 classes of goods and 8 classes of services. (The WIPO recently revised the Nice Classification, adding three service classes (43, 44, 45) and restructuring Class 42, retaining certain services. This provision has not yet been implemented in India ). See Trademark Classification

8WHY BGROW SERVICES?

Because we have a team of Lawyers and Engineers, with years of experience in Trademark Registrations, which allows us to assure you: Competent professionals will perform all necessary procedures for the registration of your trademark You will receive timely information regarding updates to the process If objections arise in the registration process (opposition, refusal, etc.), knowledgeable lawyers will advise you on the appropriate course of action All information provided to us will be kept in absolute confidentiality. View our confidentiality policy

9HOW TO SELECT A TRADE MARK?
  • If it is a word it should be easy to speak, spell and remember.
  • The best trade marks are invented words or coined words.
  • Please avoid selection of a geographical name. No one can have monopoly right on it.
  • Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
  • It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
10WHAT IS THE FUNCTION OF A TRADE MARK?

Under modern business condition a trade mark performs four functions,

  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services.
11WHO CAN APPLY FOR A TRADE MARK AND HOW?

Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office.

12WHAT ARE DIFFERENT TYPES OF TRADE MARKS AVAILABLE FOR ADOPTION?
  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
13WHO BENEFITS FROM A TRADE MARK?

The Regd.Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.
The Purchaser and ultimately Consumers of trademarks goods and services.

14WHAT ARE THE BENEFITS OF REGISTERING A TRADE MARK?

The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

15WHY SHOULD WE REGISTER IN OTHER CLASSES ALSO?

We register our product / service in a particular class to protect our brand in that class alone. Our product / service may be available in other classes too. If necessary we should also register our brand in other classes to avoid others claiming rights of our brand in that class.

16WHY SHOULD WE MONITOR OUR BRAND?

Each and Every day several registration of products / services brands are done in various classes. so others are have an opportunity or tendency to register their product or service in the name of our same brand. If we failed to monitor regularly, then we have to lose our brand. So we must always keep close watch on our brand to protect.

17IF A SIMILAR OR A LOOK- ALIKE BRAND IS IDENTIFIED IN THE MONITORING , WHAT SHOULD WE DO?

Each and every registered brand are monitored in that particular class by us in every business day. If a similar or a look - alike brand is applied from others, then it will be properly informed to the client by us. with the consent of the client that application is objected with applicable fee.