India Patent Attorneys
January 29th, 2009 | by Ramaswami |Trademark logo or simply logo is usually a graphical representation along with a logo type form a trademark or a commercial brand.
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Trademark protection is given to names, logos, and other marketing devices that are distinctive. These distinctive trademarks are sometimes referred to as “strong” trademarks also known as “inherently distinctive” marks. Trademarks may also become strong because they become well known to the public through their use over time or because of a marketing blitz. Trademarks that merely describe some feature or quality of the goods or that are based on someone’s name or a geographic term are usually considered to be weak and thus unpredictable under trademark law.
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Trademark law is designed to fulfill the public policy objective of consumer protection, by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate identification of products and services which meet the expectations of consumers as to quality and other characteristics.
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India trademark cease and desist is one which gives the trademark owner an instinct to take immediate legal action by the way of cease and desist letter.
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India Trademark litigation involves a dispute over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed. Unfair competition claims, often asserted together with trademark claims, can be made when a defendant product is likely to confuse the public in India as to the affiliation between goods, services or companies. It can also include false advertising.
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