CONCEPT OF TRADEMARK

                                                         

Suppose, you have a great business idea, some how you got opportunity to execute the plan of your business and you have found a great logo which can represent your company, after few a year your company has created goodwill in the market. Thereafter you got to learn the infringement of trademark, so what would be the next step for it? What exactly the concept of trademark is? How to registered the trademark? What are the requirements for it?

A great Trademark is Appropriate, Dynamic, Distinctive, Memorable and Unique.

                                                -Primo Angeli                                                                                                                                                                                                                                                                                                                                                  

What is Trademark?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprise. Trademark are protected by intellectual property rights. This implies that the trademark can be exclusively used by its owner or licensed to another party for use in return for payment.

In simpler words, the mark which represent your business transaction in the market is called as trademark.

Definition Of Trademark:

A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. 

                                                                                                                                                                                                                                                                                                                                                                                                                                        Why there is a need of Trademark?

Trademark is a potential need in today’s competitive world. For instances, Mc Donald has built a brand value in the market. If trademark of Mc Donald infringes so then it led to suffer losses. So here MNC hire IP or Trademark Attorney to protect the trademark from infringement.

If somehow how infringer infringes the trademark of the company, IP or Trademark Attorney will file suit against the infringer on the behalf of the parties. For this IP or Trademark Attorney scrutinized the market on a regular interval. Trademark can also give monetary benefit to company by selling a Trademark to another company. So basically, Trademark is asset of the company.

Importance of trademark:

There are several points which shows the registration of trademark is important:

  1. For the identification of purpose trademark registration is necessary.
  2. It builds brand value, brand image and loyalty in the market
  3. It gives a legal protection to the owner of the from the infringement
  4. It acts as an Asset of the company, at any point of this company sell his trademark to another of those.
  5. By Attorney, it is advisable to register a trademark at internationally so that if firm want to expand their business at globally, firm will get advantage from it.

Demand for Trademark in India

Demand of Trademark is rising in India. In 2019, 3.5 lakhs Trademark has been filed in India. Every year it has been growing significantly. It is estimated that after in 2025 6 lakhs Trademark is going to be filed.

Requirement of Document for filling Trademark Application in India:

  • Copy of Trademark or Logo.
  • Applicant detailed information like name, address, nationality and the company state of incorporation.
  • Types of Goods or Services to be register.
  • Date of first use of the trademark in India, if usage of trademark is initially practise before applying.
  • Power of Attorney to be signed by the Applicant.

       Types of Trademarks:

  1. Wordmark: At the time of filling a trademark of your business, your business required a name for that, so basically filling a name of a business under the trademark Act is known as a Wordmark. It generally means that you are having right over a name of your business. Nobody can copy a file wordmark of your business.
  2. Device mark:  In legal language, Logo Mark is known as Device Mark. It works for the representation of the company in the market.
  3. Colour Mark:  It is colour of your logo mark, if there is need of alteration of Logo Mark then Colour theme will remain same.
  4. Shape Mark: Shape Mark means the shape of your product is filed under a Trademark Act.
  5. Motion mark: If image of your product has a motion, then it can be also registered under Trademark.
  6.  Certification Mark: If entrepreneur want to obtain licences under food industry, then he needs to obtain licences under fssai and ISO. Generally, this certificate mark is issued by public organisation.
  7.  Patent Mark: Patent Mark is not easily accessible to get registered. After building brand in the market one can eligible for it.
  8. Sound Mark: Unique Sound, tunes and corals of your product can be registered under trademark. As per the current scenario, this mark is getting quite popular.
  9. Service Mark: In Trademark, if particular firm provides a service than it can be eligible for the registration under Class 35-45 of the Trademark Classes.
  10. Collective Mark: There are many organisations in India certified the mark. For instances, if Qualified CA want to get a mark of CA before his name, then he needs to obtain from this ICAI. For this, registration with the organisation is mandatory.

Facts of Trademark:

Jeff Bezoz (CEO & Co-Founder of Amazon)

Bezoz had been involved in each interaction of brands logo design. Trade logo of Amazon was introduced in 2000. Logo shows the Smile out of orange, it’s smile start from A and ends with Z. This logo has very powerful message that conveys to the consumer about Amazon is the E-Commerce website which provides or deliver a product from point A to Z.

Brand Reputation of Amazon: Amazon has achieved the world’s most valuable brand tittle in 2020. Amazon brand value stood at 415.9 billion U.S Dollars.

 Conclusion:

From the above analyst, the need the of trademark have come into trends, it has numerous benefits to get the registered trademark. Before filling the trademark is mandatory to do trademark search. After scrutinizing the search result, ensure that one must always prepare a trademark search reports. Core value and identification of the product can easily build with the help of trademark.

Bibliography:

Aishwarya Says:

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