Trademark is a symbolic representation of any organisation. A trademark is a unique identification of an organisation. A trademark can be pictorial; alphabets; initials etc. one can easily identify a company or an organisation by the trademark of that company or organization. However, a trademark needs to be registered to protect it from infringement. The process of registering a trademark with respective registrar of companies is known as trademark registration. It also secures the trademark from infringement or misuse. But to protect from such infringement or misuse, trademark registration is a must. Though there is no statutory enforcement of such registration in most countries but one can voluntarily register his or her trademark.
A litigator is a person or association of persons who are professionals and takes care of all trademark activity. They help in the process of registering a trademark, trademark infringement, etc. Trademark litigation is the legal process or action involved in regard to trademark. Trademark litigation also helps when there is a trademark infringement. One doesn’t have to worry at all when he or she appoints a litigator. The litigator is the person who is responsible for all trademarks related activity.
In India, a trademark has to be registered with the Registrar of Trademark. It usually takes three years’ time to get a registration done. However, a trademark cannot be infringed from the date of its application for registration.
On the other hand, a patent refers to the invention or innovation of anything which is completely new or unique in nature. An inventor immediately after his invention has to adhere to patent searches to find if his or her creation is unique or otherwise he has to work more on it to make his invention unique. Patent searches helps in the process of finding out the uniqueness of any invention.
Again, one can appoint an attorney to take care of one’s patents’ legal process. The attorney will take care of all patent related issues starting from filing to searches and other activity related to a patent. Such attorney is known as a patent attorney. It is the duty of the patent attorney to take care of all patent related issues. The attorney has to first find out if there is any other patent relevant to his client’s one. Then he has to do the filing of the patent. He even has to settle if any other’s patent has been infringed or if someone infringes the patent of his client. Generally, big players in the industry appoint attorneys who are professionals to safeguard their invention or creation.
Patent filing is required to register a patent with the patent authority. Usually it takes ten years’ time to register a patent but no one can infringe a patent once the patent filing is done. Even if someone tries to file a patent the application of the prior applicant will be taken into consideration. The attorneys are the ones who look after the filing and other processes related to patent.
Though trademark and patent are two different matters but now-a-days these matters are taken care under one roof. One need not has to run to two different places for trademark and patent. One can find a litigator for trademark and attorney for patent in one single place.
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