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What are the advantages and disadvantages of trademark?

Posted on August 23, 2022 by Author

What are the advantages and disadvantages of trademark?

The Advantages of Trademark Licensing

  • PRO: Share Instead of Shoulder.
  • PRO: Access Experience.
  • PRO: Reach New Markets.
  • PRO: Collect (Relatively) Passive Revenue.
  • PRO: Effective Mitigation Tool.
  • CON: Compromised Quality.
  • CON: Liability Disputes.
  • CON: Poor Sales.

What are the benefits of a registered trademark over an unregistered trademark ™?

The registration of a trademark confers a number of advantages over the use of an unregistered trademark.

  • Ownership. You can ‘own’ a registered trademark.
  • Sale. Because a registered trademark is an asset, you can sell it.
  • Gift by will.
  • Licensing.
  • Balance sheet.
  • Rights across Australia.
  • Criminal offence.
  • Customs assistance.

What is the importance of registering trademark and service marks?

A trademark can be a symbol, logo, word, slogan, or a name registered to your company. It protects your image and ensures that other businesses don’t infringe on your intellectual property.

What is the advantage of registering trademark class 12?

The firm which get its brand registered, gets the exclusive right for its use. In that case, no other firm can use such name or mark in the country for marketing its products.

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What is registered vs trademark?

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO). The (TM) symbol actually has no legal meaning.

What is the difference between registered and trademark?

When can you use registered trademark?

You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.

What are the legal benefits of an unregistered trademark?

An ” unregistered trademark ” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. Unregistered marks are defined as marks which are not registered in relation to goods or services (that is names, marks or logos used in relation to a business) under the Trademark Act.

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Is it mandatory to register a trademark in India?

Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement. However, the registered trademark possesses a statutory right of infringement.

What are the characteristics of a trademark?

A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations. A trademark can be a registered trademark as well as an unregistered trademark.

Can a registered trademark get relief from trademark infringement?

Further, the registered trademark can obtain relief in respect of infringement of the trademark in the manner provided by the Act. Section 31 of the act enables registration to be a prima facie evidence of validity.

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