What is Trademark?

A Trademark generally refers to a “brand” or “logo”. A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders.

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions. A trade mark can be represented graphically in the form of your company’s logo or a signature.

Properly used and promoted, a Trademark may become the most valuable asset of a business.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act.

Through a registered trade mark, you can protect your brand (or “mark”) by restricting other people from using its name or logo.

Any person or business claiming to be owner can apply for a trademark including:

• Individual
• Company
• Proprietor
• Society

What can be Trademarked?

• Name
• Word
• Numbers
• Image

Necessary Document For Registration

• The name, address and nationality of the applicant.
• Mobile No. And E-mail Id.
• A list of goods and/or services for which registration is required.
• Copy of the trademark to be registered.
• Details of Agent(if any).
• If the mark contains or consists of non-English or non-Hindi words, a translation of those words into English is required.
• Date of first use of the trademark in India, if using prior to application.

Advantages of Registering Trademark

i. You legally own the mark
A trademark registration provides the owner with a legal presumption of ownership. This includes the exclusive rights to use the mark nationwide on or in connection with the goods and services listed in the registration. This means that you would have the legal recourse to bar or stop your competitors from using your trademark. Additionally, you can also prevent them from using anything that can be considered confusingly similar to your mark.

With full legal ownership rights in hand, you can control what gets associated with your mark.

ii. You can pursue legal action against infringers
If a competing business uses your trade name, you might be able to take action. Trademark holders can sue infringers.

iii. Your trademark will appear in searches
Before a company can apply for a trademark, it must first conduct a trademark search. If a company wishes to file a trademark that you already own they will see it in a database search. This should save both of you some legal hassle.

iv. Easier path to international rights
A registered trademark also allows the trademark owner to obtain international trademark registrations in foreign countries. So if you want to expand your business, it would be much easier to obtain trademark protection in foreign countries.

v. Use of ® symbol
Only companies that have acquired a federal trademark registration can use the ® sign. Any company can use the trademark symbol (™) or service mark symbol (℠), but would be a violation of law for any non-registered entity to use the ® symbol.