CONCEPT OF TRADEMARK

WHAT IS TRADEMARK?

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.

TYPES OF TRADEMARKS

The different types of trademarks are:

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

ADVANTAGES OF TRADEMARK

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,

WHO CAN APPLY FOR TRADEMARK?

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

REGISTRATION OF TRADEMARK[iii]

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.

SOURCE

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

[ii] LEGALRAASTA, https://www.legalraasta.com/ (last visited Dec 7, 2021).

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

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