Vol. 3, Issue 6 (2017)
Trademarks and patents as safeguards to the intellectual creation
Author(s): R Dinesh
Abstract: This paper describes the feasibility of the safety of well-known trademark and additionally lays emphasis upon the safeguards against registrability of identical or similar logos which makes it very crucial to pick out the original and the duplicate. To start with the term “trademark” has to be understood. Trademark has been genuinely defined beneath the trademark act, 1999 but in easy phrases. Trademark is a symbol, a brand, an emblem name or another aggregate, that's both used and meant for use for the articles of trade by means of the producer to differentiate his product from that of the others. Similarly this emblem trademark could also give information to the general public consumer at the time of buy of the goods. That is also one of the important objectives of trademark. Via the usage of the trademark the manufacturers can serve the clients better. first of all a commercial enterprise, a employer/ enterprise has to shape an indicator and get it registered which makes the trademark precise to that enterprise/commercial enterprise by myself. The features of the trademark consists of amongst others the identification of the starting place of the product, ensures its unchanged pleasant, advertises the product and creates an photograph for the product. in case of infringement of the trademark of a particular commercial enterprise / employer, or violation of trademark rights in India, important safety is available under the Indian trademark act, 1999,and any motion against infringement is a statutory proper under the act as the logos are governed under the said act in India. this paper therefore analyses the history, registration and its procedure, infringement, legal guidelines and associated case laws bearing on trademark, even as concurrently highlighting the safeguards towards the registrability of identical or comparable trademark by using some different business enterprise/commercial enterprise.