Trademarks are intellectual property companies use to set their brands and products apart from competitors. They can be made up of words, logos, symbols, or any other distinguishing mark that shows where the goods or services come from. Legal defence against infringement and unauthorised use by rivals is provided by trademark registration.
A trademark is a form of intellectual property consisting of a sign, design, or expression indicating a recognisable identity for goods or services and setting them apart from those offered by others in the same marketplace.
A registered trademark may be owned by an individual or any legal entity having commercial substance.
Your products or services can be identified through a trademark in the form of a word, phrase, symbol, design, or any combination of these things. This may appeal to a large section of consumers and also inform them about the brand.
It’s how customers recognise you in the marketplace and distinguish your offering from your competitors.
Ensuring your trademark's protection is key to creating and sustaining your company's success.
Did You Know? Records show that the Czech beer trademark Pilsner is one of the oldest registered trademarks, dating back to 1859.
What is a Trademark?
A trademark is a symbol, word, or phrase legally registered or established to represent a company or product. It can also be a distinctive characteristic or object. A registered trademark is identified by the unique symbol ®. It can be expressed in a symbol, slogan, sign or logo that conveys the brand's intended message and the image it wishes to convey.
Types of Trademarks
Also Read: What Does a Trademark Protect [Why Your Business Needs One]
There are several types of trademarks, including -
1. Words or Phrases: Words or phrases as a type of trademark refer to a unique combination of words or a single word representing a brand or product. These trademarks can include a company name, product name, or slogan.
For example, Reliance is a trademark of a word other brands cannot use to sell their products, distinguishing the brand's products from its rivals. "Just Do It" is a trademark used as a slogan for Nike.
2. Logos: A logo is a graphic design for a company or item. It is a trademark category that includes a logo, a monogram, or other design. Logos identify the source of goods or services and separate one firm's goods or services from another.
They may be a crucial asset for firms as they help develop brand recognition and visual identity. A logo must also be registered with the Trademark Office to enjoy complete protection.
A trademark solidifies ownership of your intellectual property. By creating and using a logo, you automatically have the sole right to use it and take legal action against infringement. But by registering your trademark, that right is strengthened, and you gain additional legal protections.
3. Colours: Using a particular set or tone of colour or a group of colours to indicate or present a brand or product is called using colours as a trademark.
For instance, the brand Deloitte is connected with the colour black, which the company uses to set their products apart from other businesses. Cadbury chocolate is also intimately related to the colour purple.
Remembering that colour alone isn't enough to qualify as a trademark is vital. The use of different shades must be unique to show where the products or services come from.
4. Sounds: The use of a rhythm, a piece of music, or a mix of different instrument forms to identify a brand or product can be said to have used the sound as a trademark. In some instances, the unique application of a specific sound or sound might act as a trademark.
For example, the Intel "bong", a single tone played at the start of the company's television commercials, is another example of a sound trademark.
Also Read: Trademark Check - How to Check if Trademark is Available
7 Things You Should Know About Trademarks
There are 7 crucial reasons a trademark is essential -
1. Identify and Distinguish
A trademark helps identify and separate a business's goods or services from its rivals. It promotes client loyalty by making a brand easy to remember and recognise.
2. Legal Protection
The owner of a trademark is protected by law. If another business or person does so, you can file a lawsuit to stop someone from using a trademark like yours. Doing this will safeguard your brand and avoid consumer confusion.
3. Marketing and Advertising
A trademark is an effective marketing strategy. It can aid in increasing brand recognition and the worth of a good or service. A powerful trademark can be an effective tool for branding and product promotion.
4. Value
Particularly for well-known brands, a trademark can be valuable as an investment. A powerful and well-known trademark can raise a company's value and attract additional investors by increasing its value.
5. Reputation
It is possible to build a business's reputation and the reputation of its goods and services with a trademark. Building client trust and loyalty with a solid and favourable reputation can enhance sales and profitability.
6. International Protection
It does not automatically grant protection in other nations just because your trademark is registered there. You can use international trademark treaties like the Madrid Protocol to protect your trademark across several nations. This may be crucial if your organisation intends to conduct business overseas.
7. License
You can grant other businesses a license to use your trademark in exchange for royalties or other benefits. Licensing is a smart strategy to increase revenue and brand reach. It is crucial to oversee licensing agreements carefully to ensure your trademark is used correctly and not damaged.
After registering your trademark, it is crucial to defend it. This entails keeping an eye out for unauthorised trademark use and taking appropriate legal action. Furthermore, when the trademark appears in advertisements or on goods, it must always be followed by the ® symbol.
Duration and Renewal of Trademark Registration
Trademark registration has validity for ten years after the application is filed. As long as the renewal price is paid within six months of the registration expiring, trademark registration may be renewed indefinitely at intervals of 10 years.
Cost of Trademark Registration
The cost to register a trademark can range from ₹4,500 to ₹10,000, depending on the kind and quantity of goods or services the trademark will be used to identify. The cost of expedited processing or other services may be higher.
Also Read: Trademark Registration- What is Trademark Regisration? How does it Help Small Businesses?
Conclusion
Trademarks are symbols, terms, or phrases representing a company or product. It helps identify and separate one company's products or services from another's while also identifying.
Word marks, logos, slogans, sounds, and smells can be trademarks. A mark must be distinctive and not used by anyone else to qualify for trademark protection.
Selecting a trademark that effectively communicates your strong and distinctive business is critical. Trademarks are crucial components of a company's brand and intellectual property.
They offer legal protection, advantages in marketing and advertising, and the potential for high financial returns. The right legal steps must be taken, and the mark must be used appropriately to obtain and retain a trademark.
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