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trademark registration in india

Veterinary Brand Registration


Intellectual property is a Veterinary company’s most valuable asset, and IP protection is essential to the success of Veterinary and Veterinary outsourcing industry. In Intellectual property rights Trademark protection has important status and it has significance in Veterinary company.

 

A Trademark is a visual symbol in the form of a word, a device ,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.

 

Trademark protection applies to words, short sentences, and symbols that manufacturers use to identify and distinguish their products from those of others. Service marks are the same as trademarks, except that they identify and distinguish the source of a service rather than a product. The name of Veterinary companies and their Veterinary products are invariable trademarked.

 

What are the benefits of Veterinary Brand Registration in India?
Veterinary Brand Registration helps the consumers to identify and purchase a Veterinary Brand because of its nature and quality, indicated by its unique Veterinary Brand, to meet their needs. By registering a Veterinary Brand, the owner of the Veterinary Brand protects the goodwill of the Veterinary business. Hence, the Veterinary Brand Registration contributes to the commercial value of the Veterinary Brand to which it is applied, and increases the marketability.
The registered owner of a Veterinary Brand receives the presumptive right of the Veterinary Brand owner to use the registered Veterinary Brand and can indicate it by using the Trademark symbol ™ or ® in relation of those Veterinary Brands for which the owner has registered the Veterinary Brand. The registered Veterinary Brand Name owner can stop other traders from using his Veterinary Brand unlawfully. The registered owner of a brand can sue other traders for recovery of profits, damages and costs in case of Trademark infringement. Veterinary Brand Registration under Trademark Act provides the guarantee for the unchanged quality and helps in creating and advertising the Veterinary goods and services in public.
It serves as a constructive notice in general public about the ownership claim of the Trademark of a Veterinary Brand. Registration of Veterinary Brands in India can be used as a basis of registration of Trademark in other countries.

 

What Veterinary Brands are registrable in India?
All Veterinary Brands used in the trade are not registrable. The trademark law does not provide for the registration of all Veterinary Brands used in trade and business. Veterinary Brands those satisfy certain requirements are only registrable. Therefore a Veterinary Brand which satisfies the prescribed requirements could be registered. Here it is very pertinent to know the requirements that a Veterinary Brand should satisfy for registration. The requirements that a Veterinary Brand should satisfy are as follows:-
1. The Veterinary Brand should be capable of being represented graphically.
2. The Veterinary Brand should be capable of distinguishing the Veterinary Products of one from those of others.
3. The Veterinary Brand must be used in relation to Veterinary Products for the purpose of indicating or so as to indicate a connection in the course of trade between the Veterinary Products.

 

What Veterinary Brands are not registrable in India?
Certain Veterinary Brands are not registrable either in the public interest or due to the prohibition of such Veterinary Brands from registration in India under the statute for various reasons. The following Veterinary Brands are accordingly not registrable.
1 Veterinary Brands that contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
2. Veterinary Brands that comprises or contains scandalous or obscene matter;
3. Veterinary Brands which has the nature as to deceive the public or cause confusion;
4. Veterinary Brands prohibited under the Emblems and Name (prevention of Improper use) Act, 1950;
5. Veterinary Brands consisting exclusively the shape of goods which results from the nature of the goods themselves;
6. Pharm Brands containing the shape of goods which is necessary to obtain a technical result or the shape, which gives substantial value to the Veterinary Products.

 

What are the grounds for refusal of Veterinary Brand registration in India?
According to the Trademark law grounds for refusal for Veterinary Brand registration in India can be divided into two headings as absolute grounds and relative grounds. The following grounds are considered as grounds for the refusal of the registration of a Veterinary brand in India.

 

Absolute grounds for refusal of Veterinary brand registration in India are:
1. Veterinary Brands devoid of any distinctive character or not capable of distinguishing the goods or services of one person from those of others.
2. Veterinary Brands which indicates quality or other descriptive character of the Veterinary Products.
3. Veterinary Brands which have become customary in the current language or in the bona-fide or established practice of the trade.
4. Veterinary Brands to the trade or generic names or marks common, chemical names and international non-proprietary names.
5. Veterinary Brands likely deceive public or cause confusion.
6. Veterinary Brands comprising scandalous or obscene matter or likely to hurt religious susceptibilities of any class or section of the citizens in India.
7. Veterinary Brands prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.
8. Veterinary Brands shape of which results from the nature of the goods themselves.
9. Veterinary Brands the shape of which is necessary to obtain a technical result.
10. Veterinary Brands the shape of which gives substantial value of the Veterinary Products.

 

Relative grounds for refusal of Veterinary brand registration in India are:
1. Veterinary Brands which are identical or similar to an earlier Trademark and the respective Veterinary Products are identical or similar.
2. Veterinary Brand which are identical or similar to an earlier Veterinary Brand Name, but the goods or services are not similar. The question of refusal of registration of a Veterinary Brand Name similar to an earlier Veterinary Brand Name where the Veterinary Products are different can be considered only in opposition proceedings.
3. Veterinary Brands under passing off or law of copyright.

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