In an age when the business world is growing increasingly competitive, Trademark for business has emerged as one of the powerful tools. The rise of e-commerce and the start-up culture has also contributed to India’s rising need for trademark registration. Any business or service without trademark registration runs the risk of losing its unique identity. Servicemark also serves the same purpose, except that it differentiates the service source and not the product.
What Is A Trademark?
A Trademark can be defined as a type of Intellectual property. It can be a word, name, device, symbol, or a combination of all these, which is acquired by a company or institution to establish their products’ unique identity. It is similar to the brand name. The purpose of trademark registration is to allow companies to distinguish their services and products from others. A trademark serves its purpose when it is registered. The legal provisions associated with trademark registration are The Trade Marks Amendment Acts 2010, The Trade Marks Rules of 2002, The Trade Marks Acts of 1999. If you are looking forward to trademark registration, it is ideal for getting a trademark registration lawyer’s services.
Types of Trademark
The Trademarks Act, 1999, constitutes various types of trademarks.
- Product Mark
They are used for business goods, preferably and not for service. The product trademark must indicate the origin of the product.
- Service Mark
The Service marks are used for services rather than products.
- Collective Mark
The collective mark is registered in the name of a group or organization.
- Certification Marks
The certification marks are a different trademark genre that specifies the product’s quality, quality, or service. They are mainly used to determine the standards of any product or service. ISO is an apt example of a certification mark.
As you read the list mentioned above, you get a primary idea about the trademark categories. You also get to know which type of your business or service is categorized. However, a lawyer would be the best guide in this respect. Remember, if your product or service does not have the required trademark registration, it may not be considered valid under the law.
In India, the governing body of trademark registration is The Controller General of Patents, Designs, and Trademarks. Trademarks can be registered online or offline with the help of a registered trademark attorney.
There are various requirements for applying for trademark registration, about which your attorney will help you. However, the most crucial step is the Trademark Search. Before you use the trademark for registration, there is a provision of searching whether the trademark or something very similar is already registered.
Benefits of Trademarks For Business Organization
A Trademark Registration empowers you to take legal action against anyone who may try to sell products or services as yours using your brand name. It protects your brand. If a business entity is riding on your back, you can take them to court and subject them to penalty. But, if your brand is left without the protection of Trademark registration, anyone can use your brand name and dampen your image.
Read on to know why your business needs trademark registration:
On the surface, a registered trademark protects your business. There are several other reasons why your business needs a trademark registration.
- Provides Uniqueness to Your Business- Your business needs a logo or a brand name that truly stands out. It is the unique identity of your business. It is also the medium through which clients identify your business. So, trademark registration provides this uniqueness.
- Easy Communication Tool- A Trademark speaks for itself. A famous trademark carries the message of the company. Whether it is the product’s price range or quality, a brand can communicate it to the buyers.
- Trademark is forever- Once you register your trademark, it is forever. Though trademark registrations have to be renewed every ten years, the identity remains unchanged.
- Valuable asset- The trademark is counted as an asset to the company. The products and services from a trademark registered company have better market value and acceptance from the consumer as the trademark gains popularity; its value increases.
TM And R- The Difference
When you apply for the trademark registration, it takes a few months before the officials complete the registration process. They provide an application number and a looted receipt. During this time, you can use the TM mark. But, you can get the R mark only when your registration process is completed, and you get the registration certificate.
By registering the trademark of your company or service, you gain exclusive rights over the same. No, one, but you can use it. Hence the chances of duplicity reduce substantially. In India, where the market is vast, trademark registration is exceptionally crucial. It is also needed if you wish to take your business to the global level. Thus, it is among the top lifelines for any business.