Trademark: Protect your Brand

Posted by Sandeep Jain
June 6, 2017

Self-Published

As per definition: Trademark is a symbol, word, or words legally registered or established by use as representing a company or product.

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder.

 

Similar to intellectual property like patents and copyrights, it lasts as long as in use by trademark holder under section 8 for continuous use, Moreover, owner can also apply for renewal under the section 9 Application for renewal.

 

3 symbols that define trademark TM, SM, ®

TM: Trademark, SM: Service mark: this mark is to inform public that they have applied for trademark registration.

®: This is when the company is granted their registered trademark.

 

Often it is a mistaken as a logo or brand name; however, a trademark can be any label, name, signature, word, letter, numerical, shape of goods, packaging, color or combination of colors, smell, sound, movement or any combination. Making sure that every company has different trademark and it protects the brand name and logo

 

Laws have been made, if you try to copy the trademark of other company illegally without taking its patent rights. The company can legally sue you for trademark infringement.

Designing a trademark is pushing your limits in terms of ambiguity and abstraction. Because it’s the first thing which people see when they see products, as to know which brand, product belongs to, in short trademark has an outlasting impression on the consumer,  it is your thinking that is visible in your trademarks.

 

If you are getting started with your new business, then make sure you get a registered trademark for your company as it is a valuable asset as it protects the business from criminal deception and fraudulent.

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