A trademark is basically a “brand” or “logo” that you use to distinguish your product from those of your competitors. In simple words, a trademark is something that gives a special identity to your service, product or business. This identity helps set him apart from the rest.
If we understand this from an example, it means that if we buy clothes or shoes of a good company from somewhere, then the trademark of the company is affixed on it. You cannot use the name of any such company for your own benefit, which has trademarked itself.
What is the need of trademark?
A trademark is a form of intellectual property right. A trademark present on an item indicates that it is a product being made by a particular company. A trademark is used by a person, business organization or legal entity to describe its product or service.
Types of trademarks that can be registered in India?
Trademark registration is done for all these, name, sentence, logo, special mark, design or picture can be registered for trademark. All the products of a particular company bear its trademark.
How to register a trademark in India?
In India, trademark registration is done by the Controller General of Patents, Designs and Trademarks, which comes under the Ministry of Industry and Commerce, Government of India. Trademark registration is done online as per the Trademark Act 1999.
Once the trademark is registered by the trademark registrar, the company gets permission to use the registered trademark with the ® symbol. It remains valid for 10 years from the date of registration. The company has to use the TM symbol 3 days after applying. However, to receive the ® symbol, you may also have to wait up to 2 years.
Why Is Trademark Registration Important?
Trademark registration is important and necessary for a business because:
It prevents unauthorized usage of your brand’s identity.
It showcases your unique identity
It helps you build trust and loyalty among your customers
It offers legal protection for your brand’s identity
It is an asset in itself
Documents Required for Trademark Registration
Applicant's identity proof
Certificate of Incorporation (COI), in case of companies registered under Company Act, 2013
Logo if it is applicable and available