Trademark

Introduction to trademarks 

Trademarks are a part of intellectual property, trademarks and the rights of the owners are protected by the Trademarks Act, 1999. Trademarks have become the most identified asset of a business.  Trademark is a unique sign that helps distinguish a particular good and/ or service of one company from another company. It could be a name, word, image, sound, logo, graphic, etc. A person can apply for trademark registration to safeguard the ownership vested in his particular trademark. The best way to protect your Trademark from other business entities is to get your trademark registered.

Trademark in medical Device

Trademark registration for Medical Devices

  • One of the most important methods for a medical device manufacturer to communicate its brand to patients, medical professionals, and healthcare systems is through trademarks. Because trademarks are a unique way for customers to recognize your business and its products, it's critical to select trademarks that complement your company's branding plan.

  • Your business most certainly spent a lot of time determining which trademarks to use. Trademarks are crucial for boosting brand awareness, promoting your company and its products, and fostering a sense of trust between your firm's products and its customers. Maintaining a brand that is trustworthy and well-known for being reliable and safe is especially critical when it comes to medical products. 



Under which class can I register my medical goods and services?

A thorough overview of the Class 10 under trademark registration provides a list of various medical goods and services that can be registered under this class. Trademarks must be filed for each class which identifies a single class of products or services related to that business.



Why is it important to register under a specified class?

The goal of these classifications is to allow various kinds of companies to register their trademarks in divisions that are most closely connected to their core product. Surgical, medicinal, dental, and veterinarian apparatus and instruments, as well as prosthetic devices, eyes, and teeth, are all included in Class 10. The registration under the specific class provides the right to sue against others who try to copy your trademark and it prevents others from using a similar trademark that has already been registered by you.



What is the relevance of Trademark Registration for Medical devices?

  • If a competitor offers a knockoff product that appears just like your company's original medical gadget but is of worse quality, it could be disastrous for your business. Fanciful keywords, like with any product, are the finest trademarks for medical equipment, followed by arbitrary usage of existing phrases that have nothing to do with the device or any of its features.

  • Marks that only allude to or suggest something about the gadget can also be effective and help with marketing. While markets that simply describe a feature of the item are frequently favored by markets. 



How can I look out, if someone is trying to infringe my Trademark? 

In addition to registration of the mark, a trademark owner can take proactive actions to protect their rights by signing for trademark "watching" services, which track the filings of new trademark registrations, Online domain names, and other potentially misleading mark applications. As soon as an issue is identified, decisive action in the form of a “legal notice” letter from a law office is taken to prevent an even more severe issue from developing.

 

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