Popularly known word “Brand Name” is referred as “Trademark” in legal terms. A Trademark means any symbol, word, name, device, numerals or combination of both, which can be represented graphically can be registered as trademark. A trademark is unique symbol which distinguishes your goods or services from others. The trademark which is registered for services are known as the service marks.
A Good Trademark shall be easy to speak and remember, despite of it should not lose its uniqueness and distinctive character. Decision of a consumer approaching for purchasing any goods or hiring services are highly influenced by the Brand Value and reputation a Brand Name holds.
A product mark is similar to a trademark. It is used to identify the source of a product and to distinguish a manufacturer’s products from others.
affixed to the services provided by the business entity. They are also used for advertising.
registered by those under the name of groups, associations or other organizations. It is used by its members to identify the characteristics set by that organization.
the goods or services are certified according to their use, origin, material, the method of manufacture, quality, technical specifications.
distinguishing the goods sold under such trademark from those of another manufacturer. The new Trade Marks Ordinance (Cap. 559) continues to allow registration of such marks.
the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings.
Sound marks are used when brand is to be represented in a straight notation or through graphically represented words
(1). Exclusive identification: the product and services provided by the business are uniquely identified by consumers and audiences. This helped to build a market reputation and thus, becomes the face of the business entity. It ensures the sole ownership of a particular symbol, logo, name, such that it is not misused.
(2). Exclusive rights: the right to exclusively use it in respect of the goods and services offered by the business entity.
(3). Legal protection: Once the trademark is registered, an infringement of the existing trademark can be sued by the owner. Thus, it gives certain legal protection in following situations:
>>Before any trader creates their trademark
>>Avoids chances of infringement as in the process one might find trademark through Trademark Database or Trademark Registry.
>>In cases when a trader tries to register the same brand name as existing in the Trademark Registry, it would be objectionable in the Trademark’s Office.
>>In case of infringement, one is able to receive the right to claim under certain conditions.
(4). Building up trust or Goodwill: Serving quality products and services under a registered trademark builds up an image of the business entity in the marketplace. It also portrays that the business cares about the brand building and this passes on positive values about the brand to the customers or public.
(5). Global permits: Trademark registration in India helps the domestic traders in getting exposed to the global market through International Trademark System. It is important to note that even Non-Resident Indians and foreigners are eligible to register a trademark in India. On the other hand, Indians can register their trademarks globally.
(6). Protection from infringement claims: Once the trademark is registered, one can be sure of the infringement claims. This means if the trademark is recorded, one may require a proper legal evidence in order to defend a trademark publically.
(7). The value in the market: A trademark standardizes the product and services provided by the business entity in the market. This builds up the value of the brand such that it is easy for a customer or a potential customer to spot the company or brand in the market.
(8). Hypothecation or security: A registered trademark can be hypothecated for the purpose of security in order to secure loans. Here it is pledged in a similar manner as a immovable property is bonded.
(9). Intangible property: In the legal sense, a registered trademark is often referred to as an identifiable intangible property. It attaches to the reputation or goodwill of the product.
(10). The right to use the symbol R: Once registered, one may use the symbol for goods and services listed in the registration.