Trade Mark

In simple terms Trademark is often referred to as a brand. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others in the market and may include the shape of goods, their packaging and combination of colors. The purpose behind trademarks is to allow people to indicate the source of the goods or services and to distinguish them from those of others in the industry. Trademark registration can be obtained for a business name, distinctive catch phrases, taglines, captions and logos whatever helps your business or product standout from those of others in the market. A trademark registration gives the trademark owner the exclusive right to use the mark with respect to his/her goods or services but also allows the trademark owner to prevent others from using an identical or similar mark that can be confusing for the general public. If your brand name is your company name it is always suggested to file a trademark for the same as the registration under the Companies Act will not provide the trademark protection. A Trademark Registration is highly recommended as a businessman would never want someone else to get the registration of their own brand and put them out of the competition.

KEY TAKE AWAYS

• A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product.
• It legally differentiates a product or service from all others of its kind and recognizes the source company’s ownership of the brand.
• Trademarks may or may not be registered and are denoted by the ® and ™ symbols respectively.
• Although trademarks do not expire, the owner must make regular use of it in order to receive the protections associated with them.

Advantages:

Trademark registration is important and necessary for a business because:

• It showcases your unique identity
• It helps you build trust and loyalty among your customers
• It offers legal protection for your brand’s identity
• It is an asset in itself
• It prevents unauthorized usage of your brand’s identity.

Documents Checklist

• Applicant’s name
• Business type
• Business objectives
• Brand/logo/slogan name
• Registration address
• Signed Form-48
• Identification proof of the signatory
• Address proof of the signatory
• Business proof (depends on the type of business)
• Udyog Aadhar/MSME registration certificate (optional).