In general, trademarks are called “brands” or “logos“.
Manufacturers, merchants, and service providers can use trademarks to identify their own goods and/or services by using words, symbols, logos, brand names, packaging labels, taglines, or combinations of these. A trademark is used to distinguish goods and services from those of competitors and is unique to only one trader. If used and promoted properly, it can become a business’s most valuable asset.
While trademarks can also serve as trade names, registration under the Companies Act does not grant protection against others who may use identical or similar marks.
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AN OUTLINE OF THE TRADEMARK
As a matter of fact, trademarks refer to the mark of your business. They are the marks that represent your business. Once you have protected your trademark, you must make sure that only you may use it for your products and services. Trademark registration is therefore implemented in order to protect the trademark.
Under the Indian Trademarks law, Section 2(m) defines a mark as a device, brand, heading, label, ticket, name, signature, word, letter, number, the shape of the goods or packaging, or any combination thereof.
In accordance with Section 2(ZB) of the Trade Marks Act, 1999, a mark that is able to be expressed graphically and which is able to distinguish one person’s goods or services from those of others and which may include the shape of the product, packaging, and combination of colors:
Thus, a mark could be anything from a logo to a name to a shape of a product or combination of products as long as it serves to distinguish the goods/services of the applicant.
Advantages Of Trademark Registration in India
- As a trademark holder, you are able to build and retain a loyal customer base while deterring competitors from using your name or selling products similar to yours.
- Additionally, it avoids any confusion as to from what business house a product or service comes.
- The goodwill your business has earned is protected by trademark registration.
- Registered trademark owners of businesses have the right to sue any person or legal entity for trademark infringement and receive an injunction to stop the infringement, along with financial compensation.
- The trademark is the intellectual property of a business and needs to be protected with proper registration, in case you plan on franchising your brand or entering into commercial agreements based on its strength.
CLASSES OF TRADEMARKS
Various product and service offerings are grouped into 45 classes within the Indian Trademark Registry to facilitate the easy classification of businesses. Businesses can thus be classified easily into any one of these 45 classes.
The ® symbol stands for
You can use the R symbol to indicate that your trademark has been registered and is protected by Indian trademark laws once it has been registered.
In general, the TM symbol is used as a warning to infringers that a trademark application has been filed and is pending with the Trademark registry.
FAQs on Trademark Registration
1. How much does it cost to apply for a trademark?
Fee for online trademark applications
The cost for individuals, small businesses, and start-ups is Rs. 4500.
Rs. 9000/- for others
2. How long is a trademark registration valid?
The certificate is valid for 10 years from the date of issuance.
It is possible to renew for a further 10 years.
3. Trademark registration of quotes, taglines, catchphrases, business slogans, marketing terms, and marketing phrases is possible?
Quotes, taglines, catchphrases, marketing phrases, and business slogans can be registered as trademarks.