What is a Trademark?
Trademark is any unique aspect related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration”.If you analyze this definition you conclude in your analysis that A trademark is a symbol, which can be a word, name, device, label or numerals etc.
RELATED POST: LEGAL CHECKLIST FOR STARTING A BUSINESS IN INDIA
ALSO READ: DO YOU HAVE THE MINDSET OF AN ENTREPRENEUR?
A Trademark also helps in identifying a company uniquely among its competitors. Apart from this a trademark also serves the purpose of enabling owners to get their right to the trademark in court and earn royalties. It also maintains piracy and prevents duplicate company names from being registered by the rival businesses and provide the trademark owner with a right to sue for damages when infringements of trademarks occur.
Benefits of Registering a Trademark or How Trademark Protects your Brand Name
There are numerous benefits to registering a trademark and utilizing the trademark services of a lawyer. Trademark Registration magnifies the protection of the brand and restricts others from using your Trademark, and Trademark provides remedies against anyone who breaches and violate the trademark. Using a trademark helps receiving all of the benefits discussed below that are as follows:
A. Registering a trademark implements greater Security to the Business –
- Registering a trademark safeguards a company’s name or logo, which is often a company’s most prized and valued asset.
- Registering a trademark allows the trademark owner with the exclusive nationwide ownership and control of the Trademark.
- Registering a trademark Reduces the likelihood of another party to take your brand name or modify any factors related to your business in any way.
- Registering a trademark presents official notice to others that a trademark is already taken.
- By Trademark Registration, Trademark owner gains the right to make the mark incontrovertible, which produces compelling evidence regarding the validity of the mark and exclusive right to use the mark.
- Registering a trademark in India can be used as a basis for obtaining registration in foreign countries as well.
B. Registering a trademark deters others from using your trademark –
- By registering a trademark the trademark owner secures the right to put a TM, after the Brand Name, alerting others to your registration and preventing the defense of innocent infringement;
- By registering a trademark the trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark; and
- Through registering a trademark the Indian Trademark registration Office will refuse registration to any trademarks it deems confusingly similar to the trademark.
ALSO READ: TOP 4 MARKETING MISTAKES SMBS SHOULD AVOID
C. By Filing For a Trademark Registration, the trademark owner can get greater remedies for any violation done against them.
- Registering a trademark authorizes the trademark owner to recover triple damages and fees of their trademark lawyer from an infringer or violator.
- By enrolling a trademark the trademark owner receives the presumption of being the valid owner of the mark;
- By Registering a Trademark In India, It will increase the likelihood of the successful filing of a dispute resolution in the court in case of an infringing Internet domain name; and
- Signing Up a trademark gives the trademark owner an automatic right to sue in any Indian court.
Getting a Trademark should be of high priority in the mind of a person who wishes to turn its business into a recognizable brand in the country. By getting a Trademark you can create a favorable image for your brand and can protect your brand from getting copied by the rival companies, As you know forming a brand takes a lot of time, one has to come up with ideas, have to test that ideas and have to make arrangement to make that idea into reality and if it gets stolen it feels very disappointing. To protect your Brand name and Business innovation, you should consider getting a Trademark registration In India.