A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol.
It would be a huge loss of time, efforts, and costs !!! Would you like to avoid such devastating scenarios that can hurt your business’s image? which can result in all the hard work you put in building a brand name (image) of the business going waste !!!
Then you need to seriously consider protecting your business name, identity, brand, logo, image, etc. This is achieved by registering a Trademark for your business.
A visual symbol like a word signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline, or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
Any person who can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 18 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.