India Trademark Registration, India Patent Registration, Free Trademark Search, India Patent Attorney, India Trademark Attorney, Free India Patent Database Search, Patent Drafting outsourcing Trademark, Patent, Design & Copyrights Attorney in INDIA @ ASIAN TRADEMARK COMPANY.

: Power of Attorney

:: Advise on the registrability of Trademarks

:: Conduct searches to detect opposing Trademarks and applications

:: File and Prosecute Trademark applications

:: File and Prosecute Slogan Registration applications

:: File Trade Names publication requests

:: Renew Registrations

:: Investigate the status of registrations and the scope of protection

:: Investigate Trademark infringements

:: Analyze and advise on Trademark infringement

:: Enforce Trademark rights against infringers

:: Provide legal advise and representation in Trademark disputes

A trademark is anything that indicates source, sponsorship, affiliation or other business relationship of the goods or services. Start with the notion that an indicator must be perceived through one of the five senses. This includes taste, touch, smell, sight and sound. Some senses lend themselves to interaction with trademarks better than others, but all are capable of doing so.

Sight - Single words, word strings, slogans, logos, letters (e.g. initials), numbers, drawings/pictures, devices, product configurations, single colors, and multiple colors

The types of indicators that can function and be protected as trademarks are very much in development. The true test is whether "it" is capable of indicating a single source, sponsorship, affiliation or other business relationship, regardless of whether or not the exact entity(ies) is(are) known

Trademarks and service marks are distinct in whether the mark is used with goods or services. The manner of fixing the mark is of significance in seeking a federal registration. There is some difference on how the mark is associated with the goods or services. Goods commonly have labels, where services have no place to put a label. For nearly all other practical purposes trademarks and service marks are treated the same.

A common law trademark is a trademark that has not been registered with the state or the federal government. Common law rights arise upon use or recognition. Such trademarks are at a distinct disadvantage. See next question on this page: "What is the geographic scope of protection of a trademark?"

A state registered trademark is a trademark that has been registered at the state level.

A federally registered trademark has been registered with the federal government. To obtain a federal registration the applicant must use or intend to use the trademark in interstate commerce.

This is perhaps the single most important, but overlooked question in trademark law. There are three types of trademarks when considered in the context of geographic scope. They are:

1) Common law trademarks have a geographic scope limited to the area of use or recognition, which could be as small of an area as a couple of city blocks.

One, however, cannot acquire trademark rights where another has already acquired those rights. This is of critical importance to expanding the geographic scope of a company, whether it is your own or your competitor's company.

Consider if Company X has been using a trademark since before the dawn of mankind as a common law trademark. Assume the use has been limited to the northern half of a state. Company Y wants to interfere with Company X's expansion plans. Company Y could acquire trademark rights in the southern half of the state simply by filing a state trademark registration, precluding company X from expanding in the state. Company Y might file a federal trademark registration, precluding Company X from expanding anywhere inside the country! Neither the state nor the federal registration would permit Company Y to use the trademark in the northern half of the state, since Company X was there first.