A trademark could be a label, a specific design or a logo, or even a symbol that is given legal protection and is used by a single brand/firm to distinguish its product/service(s) from others.
Interestingly, it could be anything that is visible to the eyes and provides information that points out the distinctiveness of the product. Thus, the shape or packaging of a product could also act as a mark.
It can be used to communicate almost anything and everything about a product, including details about the quality, features, and the idea behind a product or service. It also assured the customers that any product bearing the trademark of the brand will be in compliance with all the regulatory and standard practices of the brand.
Furthermore, it can also be used in building goodwill as well as an image for a brand.
How To Procure A Trademark?
The Trademarks Act 1999 provisions for a legal procedure for the registration. Registering ensures your exclusive rights to use that particular logo/symbol/design etc. as your trademark and no other entity can claim any rights in either usage or ownership of that mark. Thus, all ownership and legal rights for a trademark can be acquired by registering for it under the aforementioned act.
Section 2(1) (B) of the act stipulates that a trademark needs to be such a mark that could be a device, heading, label, ticket, signature, letter, numeral, packaging, etc., or a combination of these.
Why Is A Trademark Necessary?
One might wonder why a trademark is considered to be of such paramount importance in the business world. Here's why:
- Legal Protection: The most crucial function is the protection it provides for the brand as well as the product. It ensures exclusive rights to the owner in relation to usage, distribution as well as legal rights which provide protection from unauthorized use by any third
- Distinct and Unique: It quintessentially provides a distinctiveness and uniqueness to your brand, which is much needed for a brand to establish its solid presence in the
- Appreciating Asset: The trademark for your brand is actually an asset whose value keeps on increasing along with the growth in
- Communication Tool: A very important aspect of a trademark is that it allows the brand owner or company to communicate to the masses with regard to the idea and features of the product. For example, Nestle has a trademark that has become synonymous to the 'good food, good life' message that it wishes to convey for its
- Facilitates Recognition: A very advantageous feature of a trademark is that it makes the recognition of the product considerably easier for the
- Prevents Theft/Fraud: Having a registered trademark is imperative to be able to file a lawsuit if anyone misuses your brand or label, This is a necessity in today's times when corporate fraud and misuse happens almost on a daily basis.
- Integrity and Success: Preserving the integrity and uniqueness of your brand is key to establishing a successful A trademark does just that.
A trademark that is once registered, becomes synonymous to the whole profile of the product or service it is assigned to. It is extremely necessary to have a registered trademark for your brand as it provides the much-needed authorization and exclusivity to the owner with regard to use and distribution. Its visual appeal is an added bonus to the owners as it becomes a quintessential communication and quality- assuring tool for the brand.
Who are eligibility for Trademark Registration?
The eligibility for trademark registration are:
- Individuals (including non-business individuals for future use)
- Joint Owners (both names in application)
- Proprietorship Firm (under proprietor's name, not business name)
- Partnership Firm (up to 10 partners, minor's guardian if needed)
- Limited Liability Partnership (LLP) (application in LLP's name)
- Indian Company (application in company's name, not director's)
- Foreign Company (use foreign corporate name, mention country and law)
- Trust or Society (representative trustee/chairman/secretary's name)
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