WHAT IS A TRADEMARK?
The most critical and valuable intangible asset of any business is a trademark, Logo and brand name. Trademark is a name, symbol, or device that customers identify a product. These marks create an image of the product in the mind of the consumer or prospective consumer by giving a distinctive personality to it.
If these names or marks are officially registered, they legally restrict the use exclusively to the owner, manufacturer, or seller.
WHAT IS THE PURPOSE OF A TRADEMARK?
- Trademark helps to improve or establish the brand name by assuring the company’s quality of goods and services to the customers. Hence the brand name is closely associated with the trademark.
- It distinguishes one product from other products in the same category.
- The essential purpose is to provide legal protection to the company’s brand, and it prevents others from using similar names, symbols or marks.
HOW DOES A TRADEMARK AFFECT A BUSINESS?
Once a trade or business becomes successful and establishes its brand name or strong image in the market, others generally want to copy the same idea, product, or service. Sometimes, they copy products or services and frequently use identical or similar marks. Establishing a successful business with a strong foothold of products and services in the market is an arduous task. Every manufacturer, owner or service provider invests significant time, money and effort to establish his brand name and capture market share. Hence legally protecting their unique product is essential.
Usually, business owners, manufacturers or service providers who missed out on this protection suffer a lot and face risk. In the future, they may not get the same trademark for their business and end up in legal action for justifying their property. Hence, it is better to register a trademark on all goods and services on which they are applied.
TRADEMARK IS USED FOR GOODS ONLY……MYTH
The biggest myth related to trademarks is that it is only used to protect goods, and the purpose of the brand is to protect the mark of the product, and here product includes both goods and services.
For registration purposes, goods and services are classified in the manner specified in the schedule of the Trademark Act. Goods mean anything subject to trade or manufacture. At the same time, “Service” means services made available to potential users in connection with business or any industrial or commercial matters,
WHAT IS THE DIFFERENCE BETWEEN TRADEMARK AND SERVICEMARK?
Trademark and service marks are similar to each other. A unique name, sign, or symbol allotted by a trademark office to a company’s goods is called a trademark, which helps customers know the source of the product. At the same time, service marks are provided to the service providers’ services, and same as a trademark, it differentiates the services of one service provider from another.
DOCUMENTS AND DETAILS REQUIRED FOR REGISTRATION OF TRADEMARK
- Soft Copy of Logo
- Description of goods and services.
- Meaning of mark used to get a trademark and reason behind using this name.
- Date of first use in India
- Incorporation certificate/proof of incorporation.
- Name of the authorised signatory authorised to apply on behalf of the entity.
- Authorisation letter
- Affidavit by authorised signatory
- MSME Registration Certification, if available.
THE DIFFERENCE BETWEEN TM (™) and R (®)
A TM (™) sign indicates an unregistered trademark but is under the process of registration. This symbol is often used to establish a brand of a product’s trademark registration in the process.TM is used as a superscript after the product’s text, name, or Logo that companies or business owners want to claim as their product.
Whereas R, which is used in a circle as ® is a registered trademark symbol. This indicates that the Logo or symbol is legally protected as per the Trademark act 1999.
Only after registration under Trademark law can we enjoy the use of ®, which shows the protection of the product from infringement under the Trademark laws. The use of ® after the product is unlawful without registration under the act.
Hence this legal protection of products is vital in any trade or business.
Frequently Asked Questions
Question- Who can register a trademark?
Answer- An individual or a company who runs a business or profession as:
- Goods trader
- Manufacturing concern
- Individual Freelancer
- Professionals and Consultants
- Share Market
Question- What is trademark class?
Answer- Trademarks are segregated into 45 different classes, among which 36 types are for goods, and 11 classes are for services. Each class represents a specific category of goods and services.
Question- In how many classes a mark can be filed?
Answer- A mark can be filed in multiple classes, and for each class, there is a separate application and fee payable
Question- What can I register as a trademark?
Answer- Anything which projects your brand image can be registered as a Trademark. So it would be best if you considered the aspect of your brand which gives a substantial impact on your customer. Also, your brand image should be unique. You can register as a trademark:
- Name
- Individuals name or surname: If your name plays a vital role in business transactions, you can even trademark your name.
- Business Name: It is prevalent to register a trademark in the name of a company.
- Product Name: You can register a specific product name as a trademark. Ex- Iphone, Ipad
- Abbreviations: Abbreviations of a company can also be a trademark. Ex- HP
- Logo/Symbol: It is preferable to trademark a logo because your customer can recollect the Logo or symbol more quickly than the name. Ex- Logo of Apple
- Tagline: If you have your brand’s tagline, it is recommended to trademark it. Ex- Nike “Just Do It”
- Other:
- Colour Mark: You can trademark colour or a different combination of colours. Ex “Cadbury chocolate”, Blue colour.
- Sound Mark: Some peculiar tone or jingle can be a trademark. Ex- Intel jingle
- Scent: Even scent can be trademarked.
Question-Is MSME Registration mandatory to obtain a trademark?
No, but MSME Trademark registration help in fee concessions.
If you are looking for trademark registration or any further queries related to trademark, all you need to do is contact us.
Happy Reading!
