A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business, organization, or any legal entity. A trademark can be any word, phrase, symbol, design or a combination of these things that identifies your goods or services.[i] A trademark helps in:

  • Identifying the source of goods or services.
  • Provides legal protection for one’s brand.
  • Helps guard against counterfeiting and fraud.


The different types of trademarks are:

  1. Service mark.
  2. Collective mark.
  3. Certification mark.
  4. Trade dress.


There are a number of advantages of trademark[ii]. Some of them are:

  1. Exclusive Rights: 

The owner of Registered Trademark enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class applied. It gives the right to sue the unauthorized user of the Trademark Registered.

  1. Builds trust and Goodwill: 

The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.

  1. Differentiates Product: 

It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool.

  1. Recognition to product’s Quality: 

It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

  • Creation of Asset: 

Registration of Trademark creates an intangible asset. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.

  • Use of ® symbol: 

Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also sue the party if the trademark is registered.

  • Protection against infringement: 

No competitor or other person can use the wordmark or logo registered by you under trademark.

  • Protection for 10 Years at low cost: 

Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create a unique image.

  1. Attract Human Resources: 

It inspires the positive image of the organisation and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities.

  • Cost Effective

Registration of Trademark in India is relatively cheap. The Trademark application for another party may be rejected if the “mark” proposed is similar to the “mark” proposed by you. Hence,


Any person, be an individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application has to be filed mentioning the trademark, name and address of the applicant along with the agent and Power of Attorney. The following entities can apply for trademark in India:

  1. Joint owners;
  2. Proprietorship firm;
  3. Partnership firm;
  4. Limited Liability Partnership or LLP;
  5. Indian Company;
  6. Society or trust;
  7. An individual or a person


To apply for a trademark, a person has to adhere to the provisions enlisted under Section 18 of the Act. The application has to contain the name of the mark, goods and services, the class under which goods and services fall, the period of the use of the mark and the personal details of the applicant such as the name and address.

Any person claiming to be the owner of the trademark or supposed to use the trademark by him in future for this he may apply in writing to the appropriate registrar in a prescribed manner. Here the person means an association of firms, partnership firm, a company, trust, state government or the central government.


[i] Anjali Verma, TAXGURU, Trademark- Meaning, Examples, Application, procedure, Cancellation, (last visited Dec 6, 2021, 11PM).

[ii] LEGALRAASTA, (last visited Dec 7, 2021).

[iii] Diva Rai, IPLEADERS, Trademark law in India, (last visited Dec 6, 2021, 10PM).

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Create a website or blog at

Up ↑

%d bloggers like this: