Is separate registration of trademark required

Question

Is separate registration of trademark required

29-Jun-2023 (In Trademark & Copyright Law)

When you register a trademark 1) Do you need to register you trade name itself as trade mark or is it protected by Company name itself eg: does abc ltd have to register the trademark abc ? 2) Do you need to register you logo separately eg: abc is my trademark and i have stylish logo in new font and design can somebody else trademark it? 3) If you don't register a trademark and use it on your product can somebody else?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2016-06-29T22:33:51+05:30

Yes, you need to register your trademark separately. A trademark is registered under Trademarks Act, 1999.

A trademark is the right of exclusivity to the brand behind your product or services. It is the name / logo by which consumers identify your products or services in the market. Under law, your trademark can be protected (that is stop others from using your brand name or logo and selling their products as if they were made by you) or misuse by having it registered with the Registrar of Trademarks under the Trademarks Act, 1999. Even if your logo/name is not registered you can still stop others from using it under common law (law of passing off)