Posted by:Amani Nagda
What is a trademark?
A Trademark is simply a symbol, or words which are legally registered or established for representing a company or product. It could either be a recognizable sign, design or expression which clearly reflects the products or different types of services which distinguishes them from others and is easily attracted to by the customer.
A Trademark is a peculiarity which a firm or company gets registered and officiated with under its name in order to have an identity of its own and so that plagiarism is avoided under all circumstances.
According to Section 2 (b) of the Trade Marks Act, 1999, "Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.”
The two symbols used to represent a Trademark areTM and ®.
"TM" is used for representing an unregistered Trademark, which could be a mark used to promote brands and goods.
"®" is used to represent a registered Trademark.
There can be an arrangement where a Trademark could be licensed to others, but if in case it is used in an unauthorized manner, it is subjected to a rightful action by law and is then regarded as Brand Piracy.
The essential function and idea behind a trademark is to exclusively identify the origin of products or services, so a trademark, rightly called so, in fact indicates source or serves as a badge of origin. A
In other words, trademarks serve to identify a particular business as the source of goods or services. When a Trademark is put to use in this particular way, it is known as Trademark Use. Following which certain exclusive rights are attached in order to register a mark there on.
According to the law, a Trademark is said to be a property owned by a firm, the company or individual who have gotten it rightfully and officially registered. These property rights can be established or put to use in the actual market place, or through certified registration of the mark in the trademarks office of a particular jurisdiction.
In a time when online retailing, cyber abuse and counterfeiting are at an all time high, a trade mark registration is a vital weapon in the fight against counterfeiters, cyber bullies and abusive company name registrations.
Listed below are a few qualities that a Trademark should have:
- The Trademark if in the form of text should be easy to remember, pronounce and spell.
- It should have an identity of its own and not be deceptive in terms of similarity with another Trademark.
- It should not be descriptive in nature. The whole idea behind having a Trademark is to be able to recognize a particular brand, company or firm with the help of a small sign or text.
- Congratulatory or flattery terms like, ‘best, ‘amazing’, should be avoided.
Listed below are the marks that can be registered as Trademark in India by the law:
- Sound Marks
- A combination of colours
- Invented Words
- Particular shape of goods
Apart from the above mentioned, a 3 Dimensional mark, Smell and Sound can also be registered as Trademark by the law in India.
Any person who claims to be the owner of a mark for those particular goods or services can apply for registration of a Trademark. In special circumstances, even foreign companies for apply for a registration Trademark in India.
Here are a few reasons listed below as to why, Trademark Registration is the best and safest way to go about with your firms certification and authenticity in today’s world.
1. Trademark as Effective Communication Tool.
With the help of just one single word, brand or logo, the particular Trademark can convey the required and expected intellectual and emotional attributes and create the required sense of idea about you, your company, and your company’s reputation inclusive of its products and services.
2. Trademark - Customers will find you easily
We all know that the marketplace is crowded, metaphorically and it’s hard to distinguish your business from your competitors. In times like these, a Trademark comes to the rescue and it is an efficient commercial communication tool to earn a customer’s attention and make your business, products and services unique and indefinitely stand out.
3. Trademarks – Easy utilization of Internet and Social Media.
Once you have a distinct and identified brand, the first thing customers will do is enter it into a search engine or social media platform (Google, Facebook, Twitter) in order to look for your products and services.
4. Trademarks - An asset of value.
Like any other asset, a Trademark has an attribute of appreciating in value over time. The more the reputation of one’s business grows, the more valuable one’s said brand actually becomes.Trademarks provide satisfaction and a price beyond what your core business will deliver to you. Trademarks can be the cause for expansion from one industry to another, such as coming up with line extensions in a particular brand itself, like from personal care to clothing or eye ware.
If you desire it, your Trademark will get the opportunity of being acquired by a larger corporation.
One must always take note and keep in mind that the more you try to make your brand stand out form that of the other in the industry, the easier it'll be to protect it. Always make sure that you choose a name and logo that distinctly identifies your business and services which will protect it from its fellow competitors.